Thursday, June 28, 2012

Obamacare Dissenting Opinion the Original Majority Opinion?


Legal experts are opining that Justice Scalia's dissenting opinion reads as though it was written as the majority opinion.  They point to his continued references towards Ginsburg's dissenting opinion.  If true, this could mean the pressure and intimidating brought on the court by the Obama administration and Democrats may have had the desired effect of convincing Chief Justice Roberts to change his vote:

Majority-Opinion-Turned-Dissent?
By Ed Whelan
The joint dissent issued by Justices Scalia, Kennedy, Thomas, and Alito certainly reads as though it were written to be the majority opinion. Among other things, the joint dissent’s discussion of the taxing power doesn’t respond to the Chief Justice’s opinion (indeed, I think it never even cites it). Rather, it addresses only the government’s argument. By contrast, the Chief’s opinion repeatedly takes issue with the joint dissent. This strongly suggests to me that the joint dissent was written first, as the proposed majority opinion, but failed to garner the fifth vote from the Chief.
The fact that the joint dissent (see slip op. at 13-16) repeatedly refers to Justice Ginsburg’s views on the Commerce Clause issue as the “dissent” reinforces my impression—all the more so as the dissenters don’t undertake to point out that their views combined with the Chief Justice’s establish a majority on the Commerce Clause point.
In any event, enough of what-might-have-been. The imperative now needs to be to defeat Obamacare politically this November.

1 comment:

Anonymous said...

This is to all you Bush fans who still think he was a good president. If the failed policies in Iraq/Afghanistan were not enough to dissuade you, if no child left behind and prescription drugs weren't enough to dissuade you, if huge deficits and a failure to guard our borders were not enough to dissuade you, now comes this. The last refuge of Bush supporters was that he got us two supremes. Now it turns out Roberts is a disaster.

That should be the icing on top of the shit cake that was George W. Bush.