Well, shit titties. Money quote: “This will certainly be one of his most famous opinions, but I would not call it one of his best. The opinion seems to me to be hopelessly conflicted and inconsistent.”


When many of us were covering the decision from the Supreme Court, one thing that was immediately noted was the the decision of Associate Justice Anton Scalia read like a majority opinion. The opinion not only referred to “the dissent” as if it were the majority opinion (though sometimes justices even in dissent can refer to other dissents). Reports are now indicating that Chief Justice John Roberts initially sided with the Supreme Court’s four conservative justices to strike down the Affordable Care Act. The report is a serious breach in the normally secretive court in its internal deliberations and contains considerable detail showing a hard effort by the Court’s swing justice Anthony Kennedy to convince Kennedy to return to the fold. The report is likely to increase the feeling of betrayal by those who felt that opinion harmed federalism by reaffirming the taxing power as an easy avenue to circumvent…

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