Was Scalia’s Dissent Originally a Majority Opinion?

Did Roberts originally vote to invalidate the mandate on commerce clause grounds, and to invalidate the Medicaid expansion, and then decide later to accept the tax argument and essentially rewrite the Medicaid expansion (which, as I noted, citing Jonathan Cohn, was the sleeper issue in this case) to preserve it? Full Story »

Posted by Dwight Rousu
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Posted by: Posted by Dwight Rousu - Jun 28, 2012 - 1:25 PM PDT
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Edited by: Dwight Rousu - Jun 28, 2012 - 1:26 PM PDT

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