Was Scalia’s Dissent Originally a Majority Opinion?

The Volokh Conspiracy ^ | June 28, 2012 | David Bernstein

[Dan Nunn]

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.

[doomtrooper99]

Does anyone remember Sen. Ted Stevens? How he was wrongfully prosecuted and lost his election. Had he won the election, we would never have obamacare.

He was later acquitted by the judge and later he died in the airplane crash.

Judge ordered investigation of the prosecutors. One of them, Nicholas A. Marsh, later killed himself.

People, we are dealing here with something very powerful and evil.

http://www.huffingtonpost.com/2010/09/27/nicholas-marsh-suicide-ted-stevens-prosecutor_n_741171.html

http://www.nytimes.com/2010/08/11/us/11crash.html?pagewanted=all

[subterfuge]

Bottom line is america’s demise and fate was in the hands of a few people. The globalists knew the only had to “get to” one of them—and they did. Doesn’t matter how anymore

[A.A. Cunningham]

I look forward to having a “discussion”(wink, wink, nod, nod) with any goon from the feds; including Soetoro, Holder or Sebelius, who tries to force me to comply with this BS.

[BuckeyeTexan]

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