What Caused Marjorie Taylor Green and Jasmine Crockett to Rip Into Each Other
Bill Maher Nails What's at the Heart of the Left's Outrage Over Harrison...
Whoever Edited this Clip About Biden Deserves Major Props...And Trump Certainly Noticed It
Washington Is High School With Paychecks
A Quick Bible Study Vol. 218: What the Bible Says About Brokenness
Good Teaching Requires the Right Ingredients
Trump Indictments Have Ignited a Juggernaut of a Presidential Campaign
Peru Moves To Treat Bizarre Delusions of Transgender Ideology
Colombian Illegal Alien Wanted for Homicide Captured in Massachusetts
Trump: Biden Will Be ‘Jacked Up’ During Debate
ICE Blames Biden Admin for Illegal Immigrant Murder
Trump Scores Huge Donation From Unexpected Group
Democrat Fraudster Begs Joe Biden to Pardon Her
CNN Analyst Shocked By Trump's Surge In Support Among Surprising Group
NYT Claims Justice Samuel Alito Sent 'Stop the Steal' Message Outside His Home
Tipsheet

Oh My: Did Roberts Switch Sides at the Last Minute?

If these early strands of legal detective work are correct, the revelation they've uncovered pours mounds of salt into the wound:
 

Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). 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.

Advertisement


More:
 

Among other things, the joint dissent’s discussion of the taxing power doesn’t respond to the Chief Justice’s opinion (indeed, I think it never even cites it). Rather, it addresses only the government’s argument. By contrast, the Chief’s opinion repeatedly takes issue with the joint dissent. This strongly suggests to me that the joint dissent was written first, as the proposed majority opinion, but failed to garner the fifth vote from the Chief.


What's done is done, but my goodness -- this is astonishing and maddening, if true.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement