Little-Acorn
06-29-2012, 11:28 AM
In the overall scheme of things, this doesn't really matter. The decision is taken. It doesn't really matter how they got there.
But it adds an interesting twist to Chief Justice John Souter Roberts' inexplicable abandonment of the idea that the Federal government's powers are enumerated and limited.
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http://abcnews.go.com/Politics/OTUS/justice-roberts-change-obamacare-vote-minute/story?id=16673072#.T-zefLjDVoY
Did Chief Justice John Roberts decide to join the court's liberal wing and uphold the individual mandate at the very last minute?
by Liz Goodwin
June 28, 2012
That's the theory floated by Paul Campos, a law professor at the University of Boulder, and Brad DeLong, a Berkeley economics professor and former Treasury Department official under President Clinton. Campos wrote Thursday in Salon that the dissent had a triumphant tone, as if it were written as a majority opinion, and that the four conservative justices incorrectly refer to Justice Ruth Bader Ginsburg's concurring opinion as a "dissent."
"No less than 15 times in the space of the next few pages, the dissent refers to Ruth Bader Ginsburg's concurring opinion as 'Justice Ginsburg's dissent,'" Campos wrote.
DeLong pointed out on his popular blog that in Justice Clarence Thomas two-page note on the dissent, he refers to the conservatives' dissent as the "joint opinion" instead of the "joint dissent."
Campos hypothesized that the conservative justices may have intentionally left these typos as a way of signaling to the outside world that Chief Justice Roberts abandoned them at the last moment.
Lyle Denniston, the long-term courtwatcher who writes for SCOTUSblog, tells Yahoo News that he "can't account for the wording of the Thomas opinion."
(Full text of the arrticle can be read at the above URL)
But it adds an interesting twist to Chief Justice John Souter Roberts' inexplicable abandonment of the idea that the Federal government's powers are enumerated and limited.
-----------------------------------------------
http://abcnews.go.com/Politics/OTUS/justice-roberts-change-obamacare-vote-minute/story?id=16673072#.T-zefLjDVoY
Did Chief Justice John Roberts decide to join the court's liberal wing and uphold the individual mandate at the very last minute?
by Liz Goodwin
June 28, 2012
That's the theory floated by Paul Campos, a law professor at the University of Boulder, and Brad DeLong, a Berkeley economics professor and former Treasury Department official under President Clinton. Campos wrote Thursday in Salon that the dissent had a triumphant tone, as if it were written as a majority opinion, and that the four conservative justices incorrectly refer to Justice Ruth Bader Ginsburg's concurring opinion as a "dissent."
"No less than 15 times in the space of the next few pages, the dissent refers to Ruth Bader Ginsburg's concurring opinion as 'Justice Ginsburg's dissent,'" Campos wrote.
DeLong pointed out on his popular blog that in Justice Clarence Thomas two-page note on the dissent, he refers to the conservatives' dissent as the "joint opinion" instead of the "joint dissent."
Campos hypothesized that the conservative justices may have intentionally left these typos as a way of signaling to the outside world that Chief Justice Roberts abandoned them at the last moment.
Lyle Denniston, the long-term courtwatcher who writes for SCOTUSblog, tells Yahoo News that he "can't account for the wording of the Thomas opinion."
(Full text of the arrticle can be read at the above URL)