Posted on 06/28/2012 4:03:53 PM PDT by Aquamarine
There is an odd anomaly found in Justice Scalia’s dissenting opinion in today’s Obamacare decision.
When referencing the opinion of Justice Ginsburg—who wrote the opinion on behalf of herself and the remaining three liberals on the Court—Scalia refers to Ginsburg’s opinion as the ‘dissent’. This raises the specter that, at the time Scalia wrote his opinion, Justice Ginsburg may have actually been in the minority rather than a part of the ultimate majority which upheld the law.
While Justice Scalia may well have been referring to Ginsburg’s dissent to the Commerce Clause argument that was carried by a majority of the Court and found that the ACA was not constitutionally permissible under the Commerce Clause, it could also indicate that Chief Justice Roberts changed his vote—for reasons that we may never know—at the last moment and that Scalia failed to make the correction in his own opinion when referring to Ginsburg’s writing.
This from “The Volokh Conspiracy” :
“Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate. Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? If so, was he responding to the heat from President Obama and others, preemptively threatening to delegitimize the Court if it invalidated the ACA? The dissent, along with the surprising way that Roberts chose to uphold both the mandate and the Medicaid expansion, will inevitably feed the rumor mill.
(Excerpt) Read more at forbes.com ...
Exactly. No guarantees.
True, he did but that wasn't the argument he found a loop hole and went for it out side the arguments presented to him.
BUT i want to say thank you for keeping a positive outlook. Really that is important.
Could be they have pictures of Chief Justice Roberts with the goat.
Maybe he hangs out at the same bathhouse with Obama and Rahm.
But he also made it legal for Congress to tax anything, and nothing at all.
Sorry, it was a bad tactical move and a strategic failure.
“It now can be dealt with where it should be dealt with.. IN CONGRESS.”
Good point......Hadn’t thought of it that way.
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