Top Items:
David Bernstein / The Volokh Conspiracy:
More Hints that Roberts Switched his Vote — Reader Stuart Buck provides more detail as to why the dissent reads like a majority opinion (see also Deborah Pearlstein at Balkanization): — 1. The dissent has a whole section on severability that is completely beside the point except …
Discussion:
SCOTUSblog, ginandtacos.com, THE ASTUTE BLOGGERS and Election Law Blog
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Jake Sherman / Politico:
Pence likens health care ruling to 9/11 — In a closed door House GOP meeting Thursday, Indiana congressman and gubernatorial candidate Mike Pence likened the Supreme Court's ruling upholding the Democratic health care law to the Sept. 11 terrorist attacks, according to several sources present.
Ezra Klein / Washington Post:
The political genius of John Roberts — After Chief Justice Charles Evan Hughes deftly beat back Franklin Delano Roosevelt's court-packing proposal, FDR said, with grudging admiration, that Hughes was the best politician in the country. “That was hardly the way Hughes would have chosen to be remembered …
Discussion:
Politico, protein wisdom, Washington Free Beacon, Salon, The Apothecary, Health Affairs Blog, Balkinization, his vorpal sword, Mother Jones, Los Angeles Times, The Impolitic, News Desk, CNSNews, Talking Points Memo, Towleroad News #gay, Slate, The Moderate Voice, The Spectacle Blog, The Caucus and Wall Street Journal
David Frum / The Daily Beast:
Repeal Is a Fantasy — Republican presidential candidate Mitt Romney speaks about the Supreme Court ruling on health care in Washington, Thursday, June 28, 2012. (Charles Dharapak / AP Photo) — The Republican Plan B is to repeal Obamacare on Day 1 of a Romney presidency. — Good luck with that.
David Bernstein / The Volokh Conspiracy:
Was the Dissent Originally a Majority Opinion? — The four-Justice dissent, at least on first quick perusal, reads like it was originally written as a majority opinion, [something Larry Solum also noticed] (for example, he refers to Justice Ginsburg's opinion as “The dissent") [update …
Discussion:
BREITBART.COM, REPUBLICAN REDEFINED, National Review, The Reality-Based Community, The Daily Dish, OpenMarket.org, The Daily Beast, Hot Air, SCOTUSblog, Balloon Juice, The Stranger …, PointOfLaw Forum, Le·gal In·sur·rec· tion, DISSENTING JUSTICE, Brad DeLong, JustOneMinute and Maggie's Farm
Ryan Lizza / News Desk:
Why Romney Won't Repeal Obamacare — Mitt Romney, speaking just before noon today, declared that on his first day in office, “I will act to repeal Obamacare.” I think he chose his words carefully. As President, he may indeed “act” to repeal it on Day One, but I don't believe he will actually be able to overturn the law.
Discussion:
The Monkey Cage, The Daily Caller and American Power
Michael Hastings / BuzzFeed:
CNN News Staffers Revolt Over Blown Coverage — “Embarrassing.” “F**king humiliating.” “Shameful.” A veteran producer jumps the gun, a young correspondent goes too far, and the network's crisis deepens. — News staffers at the cable network CNN, long the gold standard in television news …
Discussion:
Politico, The Huffington Post, Philly.com, The Daily Beast, Theo Spark, TBogg, A plain blog about politics, The Volokh Conspiracy, Business Insider, Poynter, The Daily Caller, American Spectator, Gawker, The PJ Tatler, theGrio, Washington Monthly, The Daily Dish and BuzzFeed, more at Mediagazer »
Lawrence Solum / Legal Theory Blog:
Evidence that the Votes Shifted After Conference (Initial Vote to Declare Mandate Unconstitutional) — After a preliminary read of the opinions in the Health Care Cases (National Federation of Independent Business v. Sibelius), there seems to be substantial evidence that the initial vote …
Discussion:
The Volokh Conspiracy, The Moderate Voice and Alas, a Blog
Steve Benen / The Maddow Blog:
How far the four dissenters were willing to go — In a 5-4 ruling, the U.S. Supreme Court upheld the constitutionality of the Affordable Care Act. But as the political, legal, and policy world scrutinizes the details of today's ruling, it's worth pausing to appreciate just how far the four dissenters …
Discussion:
Firedoglake, Yahoo! News, SCOTUSblog, Angry Bear and Balloon Juice
J. Bradford DeLong / Brad DeLong:
Did Nino Scalia Firmly Think He Had His “Constitutional Moment”, and His Majority? — Sure sounds like he did not search-and-replace his text to correct it when Roberts peeled off. — Successfully electing George W. Bush 5-4 was not enough for him. He thought he had repealed the ACA 5-4 as well.
Discussion:
Balkinization, The Huffington Post, SCOTUSblog and Business Insider
Annie-Rose Strasser / ThinkProgress:
Conservative Republicans Turn On Former Hero, Chief Justice John Roberts — Conservative Republicans used to be huge fans of Chief Justice John Roberts — until this morning. — Over the course of just a few hours, Republicans' warm feelings toward the Chief Justice (see the top twelve Republican songs …
Discussion:
Daily Kos, Salon, Booman Tribune, The Reaction, The New Republic, SCOTUSblog, mulvaney.house.gov, Politico and Balloon Juice
Tom Scocca / Slate:
Obama Wins the Battle, Roberts Wins the War — The chief justice's canny move to uphold the Affordable Care Act while gutting the Commerce Clause. — There were two battles being fought in the Supreme Court over the Affordable Care Act. Chief Justice John Roberts—and Justice Anthony Kennedy …
Discussion:
The Caucus, The Volokh Conspiracy, The Daily Beast, ABCNEWS, Hit & Run, Balkinization, The White House, The Week, Politico, Outside the Beltway, American Power, Ricochet Conversations Feed, Angry Bear, The Debate Link, The Huffington Post, Gawker, Power Line, ThinkProgress, The PJ Tatler, The Daily Caller, Feministing, New York Times and The Maddow Blog
Igor Volsky / ThinkProgress:
4 Reasons Why Republicans Won't Be Able To Repeal Obamacare — Responding to Thursday's Supreme Court decision upholding the constitutionality of the Affordable Care Act, Congressional Republicans have scheduled a vote in the House to repeal the law and Mitt Romney pledged to undo the measure if he's elected president in November.
Discussion:
The Daily Beast
Charles Krauthammer / National Review:
Why Roberts Did It — It's the judiciary's Nixon-to-China …
Why Roberts Did It — It's the judiciary's Nixon-to-China …
Discussion:
Bookworm Room, The Daily Caller, Washington Post and Power Line
Luke Johnson / The Huffington Post:
John Roberts Outrages Conservatives In Health Care Ruling
John Roberts Outrages Conservatives In Health Care Ruling
Discussion:
The Nation, thenation.com/blogs/117, ourfuture.org/blogs_chrono/*, The Daily Caller and Shakesville
George F. Will / Washington Post:
Conservatives' consolation prize
Conservatives' consolation prize
Discussion:
The Volokh Conspiracy, The Daily Beast, Hot Air, The Daily Caller and Outside the Beltway
Economics Policies for the 21st Century:
SCOTUS Post-Mortem: What's Next?
SCOTUS Post-Mortem: What's Next?
Discussion:
National Review
Lawrence Solum / Legal Theory Blog:
The Commerce Clause Discussion and the Doctrine of Stare Decisis (Updated)
The Commerce Clause Discussion and the Doctrine of Stare Decisis (Updated)
Discussion:
Hit & Run
Daniel Epps / The Atlantic Online:
In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook
In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook
Discussion:
Washington Post, NationalJournal.com, SCOTUSblog, New York Times, Cato @ Liberty, American Power and Washington Wire
Geneva Sands / The Hill:
Hillary Clinton: ‘Obviously quite excited’ about court ruling
Hillary Clinton: ‘Obviously quite excited’ about court ruling
Discussion:
Politico, Hot Air, Alan Colmes' Liberaland and Wake up America
Brad Plumer / Washington Post:
Supreme Court puts new limits on Commerce Clause. But will it matter?
Supreme Court puts new limits on Commerce Clause. But will it matter?
Discussion:
Hit & Run
Mj Lee / Politico:
Rush Limbaugh: SCOTUS is a ‘death panel’
Rush Limbaugh: SCOTUS is a ‘death panel’
Discussion:
Washington Post, Rush Limbaugh, And So it Goes in Shreveport, White House.gov Blog and Babalú Blog
Jonathan H. Adler / The Volokh Conspiracy:
Initial Thoughts on the Health Care Ruling
Initial Thoughts on the Health Care Ruling
Discussion:
Brad DeLong, Hullabaloo, National Review, The Daily Dish, Slate and SCOTUSblog
Jay Cost / Weekly Standard:
What Did SCOTUS Just Do? — Was today's Supreme Court Obamacare …
What Did SCOTUS Just Do? — Was today's Supreme Court Obamacare …
Discussion:
The Heritage Foundation, Hot Air, National Review, Betsy's Page and Bookworm Room
Tejinder Singh / SCOTUSblog:
Sometimes labels matter: Why the Anti-Injunction Act didn't preclude judicial consideration of the individual mandate
Sometimes labels matter: Why the Anti-Injunction Act didn't preclude judicial consideration of the individual mandate
Discussion:
Bloomberg, The Talking Dog, Hit & Run, The Apothecary, The Daily Caller and Taegan Goddard's Wonk Wire
Scott Lemieux / Lawyers, Guns & Money:
The Radicalism (And Hackery) of the Health Care Cases Dissenters
The Radicalism (And Hackery) of the Health Care Cases Dissenters
Discussion:
law.cornell.edu, Mother Jones, American Prospect, The Debate Link, CNN and US Politics
Erick Erickson / Erick's blog:
I'm Not Down on John Roberts — Having gone through the opinion …
I'm Not Down on John Roberts — Having gone through the opinion …
Discussion:
American Thinker, ABCNEWS, Politico, Wonkette, RedState, Hit & Run and iOwnTheWorld.com
David Dayen / Firedoglake:
Chief Justice Roberts May Have Switched Health Care Vote at Last Minute
Chief Justice Roberts May Have Switched Health Care Vote at Last Minute
Discussion:
Washington Post, The Atlantic Online and Hullabaloo
Lawrence Solum / Legal Theory Blog:
The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law
The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law
Discussion:
Althouse, Slate, American Thinker, Balkinization, Washington Examiner, ABCNEWS, The Volokh Conspiracy, Hit & Run and The Week
Jake Tapper / ABCNEWS:
POTUS First Learned Erroneous News on Court Decision from Cable TV
POTUS First Learned Erroneous News on Court Decision from Cable TV
Discussion:
Mediaite, New York Magazine, Poynter, Washington Post, FiveThirtyEight, Mashable!, Althouse, The Stranger …, Gawker, TVNewser, Guardian and CNN, more at Mediagazer »
Paul Waldman / American Prospect:
Republicans Will Soon Stop Talking about Health Care
Republicans Will Soon Stop Talking about Health Care
Discussion:
The Atlantic Wire, REPUBLICAN REDEFINED, Erick's blog and Washington Monthly
New York Times:
Fast and Furious Contempt Citation for Holder — The House of Representatives on Thursday voted to hold Attorney General Eric H. Holder Jr. in contempt for failing to disclose internal Justice Department documents in response to a subpoena. It was the first time in American history …
Discussion:
Washington Post and Outside the Beltway
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Leigh Ann Caldwell / CBS News:
House charges Holder with contempt of Congress
House charges Holder with contempt of Congress
Discussion:
The Hill, Scared Monkeys and Ricochet Conversations Feed
BuzzFeed:
People Who Say They're Moving To Canada Because Of ObamaCare — I'm sure they'll like the healthcare just fine there. — Dave Stopera — a half hour ago — 763 responses
Discussion:
slacktivist, Wonkette, The Mahablog, World Now, Rand Paul, AllThingsD, Truth Wins Out, The Stranger …, US Politics, Indecision Forever and Daily Kos
Bloomberg:
EU Leaders Ease Debt-Crisis Rules On Spain — Euro-area leaders agreed to relax conditions on emergency loans for Spanish banks and possible help for Italy as an outflanked German Chancellor Angela Merkel gave in on expanded steps to stem the debt crisis. — After 13 1/2 hours of talks ending …
Discussion:
Reuters, New York Times, Wall Street Journal, AMERICAN FUTURE, Mish's Global Economic …, The Big Picture and BBC
Jerusalem Post:
PM threatens to drop Keshev C'tee if Arabs omitted — Yisrael Beytenu, Habayit Hayehudi quit c'tee after panel says it won't obligate Arab service; new threat of split in Kadima looms. — Prime Minister Binyamin Netanyahu warned members of the Keshev Committee on Thursday that unless …
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Israpundit