Friday, June 29, 2012

An interesting take on the ACA opinion: how it was written

Here's a link to an article that quotes a past-law clerk who has dissected the ACA dissent and concluded that Roberts couldn't go along with the mishmash of law (with a hearty dose of nonsense) the dissenters had thrown together:  http://www.thedailybeast.com/articles/2012/06/29/scalia.html.  Remember that law clerks are the ones who know what goes on in any one particular judge's chambers; they know their judge intimately and know that judge's thinking and writing style.  Again, I think Scalia has crossed the line into deciding cases before they come to him.

Read another article here, discussing how the dissenters continually refer to Ginsberg's concurring opinion as her "dissent."  It further suggests a change, and the author suggests some cold feelings on the bench.

More speculations:  http://www.volokh.com/2012/06/28/more-hints-that-roberts-switched-his-vote/

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