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 ...
Bush had Medicare Part D, Roberts has Robertscare (a more fitting name).
For what it’s worth, the bilderburgers had their usual meeting a few weeks ago. Wonder if he got offered something hh couldn’t refuse? Or is it legacy building? The leftards will love him now, till his use fullness runs out anyway.
He changed his vote after the Sandusky conviction scared him.
Is Justice Roberts allowed to do this?
And what happens if he comes out later and says he was coerced?
Why t you guys get this. Roberts guaranteed this election for us. We should be thanking him. Bigger picture people. It will be overturned completely I stead of by pieces... This is a good thing. Think 1994 on steroids,!!!
I have long said that we are in the midst of a marxist takeover.
Chief Justice Roberts woke up with a dead horse in his bed.
The bigger picture is this isn’t about Obamacare or even the repeal. It’s the legal precedence and expansion of the gov’t to regulate behavior and tax/fine any unapproved/approved action and inaction.
The only good in the long-term is if you think this is a call to arms...not to the voting booth.
I’d much rather have had the communist healthcare law guaranteed to be gone for good than make a political gamble which may or may not pay off.
What does Rush know about Roberts -- 'I know but I can't say' re: Roberts with the Left on the Arizona decision, and foreshadowing this decision as well 'the next one could go this way' -- but won't tell?
At first I was disappointed - I think Roberts might might have been very wise....
If Romney can’t win now we are totally screwed as a nation ruled by the constitution.
Roberts basically said - you all voted for this by allowing Obama to get elected.... now you all fix it.
Risky - but smart.
Tired of Roberts being defended. There was no real threat of invalidating the court. Roberts did that single handedly today. He proved that the court was nothing but an activist nightmare and he needs to be replaced or the court is nothing but destructive.
It is not the SCOTUS’s role to make decisions based on potential political gain.
The Chicago gangbangers may have made him an offer he couldn’t refuse. Chicago politics do get ugly.
roberts did one and only one thing today... and if you read the dissenting opinions then you will know... roberts handed down a horrible and treasonous decision.
This election is no more guaranteed for romney than obamacare being doomed due to the oral arguments. There is a better than even chance that obama will win... and if he does... we will probably lose House seats and lose seats in the Senate. obamao is that corrupt and that powerful... your government machine wants to morph into a central command government that controls everything that citizens do. romeny may lose... because he is just that horrible a candidate. Guarantee? Don’t write a check that you can’t cash.
LLS
“Tired of Roberts being defended. There was no real threat of invalidating the court. Roberts did that single handedly today. He proved that the court was nothing but an activist nightmare and he needs to be replaced or the court is nothing but destructive.”
I can’t say what it is, but there is something ticking in this decision...and it is not a clock. Zero better enjoy his day in the sun. It won’t be long before the ticking stops and he won’t know what hit him, Constitutional scholar though he may be.
I wondered if he did it intentionally. To orchestrate Obama adding a new “tax”, but more so, to get the majority of the country fired up.
It could make people mad enough to cast a vote for Romney, when they otherwise wouldn’t have.
No, Hildy, Laura Ingram said it best when she noted that there is no way this was a “brilliant coup” for the GOP when we are less free today than yesterday.
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