close

Privacy guaranteed - Your email is not shared with anyone.

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

    Messages:
    16,227
    Likes Received:
    5,448
    Joined:
    May 4, 2003
    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

    Messages:
    23,702
    Likes Received:
    5,291
    Joined:
    Sep 4, 2009
    Location:
    U.S.A.
    How would they "delegitimize" the court?
     

  3. Ruble Noon

    Ruble Noon "Cracker"

    Messages:
    11,018
    Likes Received:
    3
    Joined:
    Feb 18, 2009
    There will be many excuses made for Roberts actions.
     
  4. barbedwiresmile

    barbedwiresmile Unreconstructed

    Messages:
    10,067
    Likes Received:
    74
    Joined:
    Feb 3, 2008
    Location:
    Dixie
    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 Cosmopolitan Bias

    Messages:
    62,281
    Likes Received:
    15,889
    Joined:
    Apr 23, 2008
    In this brief post you really have encapsulated, well, everything. Nothing more to say.