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View Diary: Supreme Court, Affordable Care Act: Is the mandate constitutional? (372 comments)

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  •  Alito will follow Roberts (0+ / 0-)

    Maybe not follow follow, but vote the same way.

    Scalia is probably more likely to vote to uphold than those two.

    "We calmly accept our uncertain position." Joey Rathburn. But HBO can kiss my ass for cancelling Luck.

    by Paleo on Tue Mar 27, 2012 at 07:29:53 AM PDT

    [ Parent ]

    •  This is why I'm saying 8-1 (0+ / 0-)

      You say Scalia is more likely to uphold than Alito and Roberts.

      Yet is Roberts, as CJ, really going to dissent in a 6-3 decision just to make a point?

      And is Alito, who sided with the majority in Comstock, going to find the N&P clause less useful in this context then there, while Scalia does the opposite?

      My take away from all this disagreement on who is most likely to be in the majority is that they all, save Thomas, have good reason to be.

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