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Was the dissent originally a majority opinion?

Discussion in 'Political Issues' started by Sam Spade, Jun 28, 2012.

  1. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    http://www.volokh.com/2012/06/28/was-scalias-dissent-originally-a-majority-opinion/

    "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?"
     
  2. cowboy1964

    cowboy1964

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    How would they "delegitimize" the court?
     

  3. Ruble Noon

    Ruble Noon "Cracker"

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    There will be many excuses made for Roberts actions.
     
  4. barbedwiresmile

    barbedwiresmile Unreconstructed

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    Already happening. All the congress crooks on the orthodox GOP radio talk shows are going very easy on him. And why not? Their whole play to the electorate is that they will give us better court picks. A very awkward situation. Listening to their strained deflections to the upcoming election is painful. As if they will be able to repeal this given the make-up and rules of the senate. What a sham.
     
  5. certifiedfunds

    certifiedfunds Tewwowist

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    In this brief post you really have encapsulated, well, everything. Nothing more to say.