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View Diary: The two chief justices (108 comments)

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  •  He could have been a hero in other ways (2+ / 0-)
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    DEMonrat ankle biter, vcmvo2

    He could have struck down the mandate but been the lone conservative vote to sever it from the statute.  Why this choice?

    •  What Do You Think Of..... (3+ / 0-)
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      Clem Yeobright, ozsea1, IM

      ...The suspicion by some on different blogs that Chief Justice Roberts may have switched his vote at some point?

      One thing that sorta strikes me as odd is the discussion of the commerce clause and "necessary & proper" in the majority opinion. If the mandate was going to be justified as a tax & covered by Congress' taxing powers, there's no need to get into those discussions.

      Now one view sees those aspects of the majority opinion as being Roberts' deciding to limit the scope of this decision, but some others are wondering whether the dissenting opinion was originally the majority opinion, and at some point Roberts agreed to switch if the four liberal members signed on to his language about Medicaid and he was allowed to insert his views on the limitations on the Commerce Clause

      Beyond that, the dissent has an entire section on severability that doesn't really makes sense for the time & effort put into it, except on the assumption that the mandate had been struck down. So I've seen some pushing the theory that most of the dissent was originally written by Roberts, and then edited by Kennedy/Scalia when Roberts switched sides.

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