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 …

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.

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 …

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 …

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 …

Blog chatter: Impeach Roberts  —  Furious conservative activists lashed out Thursday in the blogosphere at Supreme Court Chief Justice John Roberts for siding with the left and upholding the individual mandate in “Obamacare,” with some even calling for his impeachment.

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 …

I'm Not Down on John Roberts  —  Having gone through the opinion, I am not going to beat up on John Roberts.  I am disappointed, but I want to make a few points.  —  First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written …

Don't call it a mandate — it's a tax (UPDATED)  —  UPDATED to 12:50 p.m. For those reading the opinions, the key section on the mandate is in Roberts' opinion, from pp.  33-44.  That clearly has five votes behind it.  —  Salvaging the idea that Congress did have the power to try …

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.

In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook  —  There are eerie parallels between today's decision and a legendary case from Thomas Jefferson's time.  —  Earlier today, the Supreme Court, by a narrowly divided vote, upheld the individual mandate …

Health care ruling: Individual mandate upheld by Supreme Court  —  The Supreme Court upheld most of President Barack Obama's health care law Thursday, ruling that Congress did not overstep its power by requiring nearly all Americans to buy health insurance.  —  Chief Justice John Roberts joined …

The Court Rules: Obamacare is the Largest Tax Increase in the History of the World  —  RUSH: Hey, folks, have you seen the economic news today?  Have you heard about the unemployment numbers today? (laughing) Gross domestic product, have you heard about any of that?  Because I have it here, and it sucks.