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:
Washington Examiner, Outside the Beltway, SCOTUSblog, ginandtacos.com, THE ASTUTE BLOGGERS and Election Law Blog
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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:
Power Line, The Apothecary, Politico, protein wisdom, Health Affairs Blog, Balkinization, his vorpal sword, Washington Free Beacon, Mother Jones, The Impolitic, Los Angeles Times, Talking Points Memo, News Desk, CNSNews, Towleroad News #gay, Slate, The Moderate Voice, Wall Street Journal, The Spectacle Blog and The Caucus
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 …
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, TBogg, Theo Spark, New York Magazine, A plain blog about politics, The Volokh Conspiracy, Business Insider, Poynter, The Daily Caller, American Spectator, Gawker, The PJ Tatler, theGrio, Washington Monthly and The Daily Dish, more at Mediagazer »
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
Randy Barnett / The Daily Beast:
Is The Supreme Court's Health-Care Ruling a Turning Point in Constitutional Law? — Although it upheld the individual mandate, the Court reaffirmed the traditional view that there must be a judicially-enforceable limit on the powers of Congress, writes Randy Barnett.
Discussion:
PJ Media, Democracy in America and Ross Douthat
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
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:
Washington Post, The Volokh Conspiracy, The Moderate Voice and Alas, a Blog
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, The Daily Caller and Shakesville
George F. Will / Washington Post:
Conservatives' consolation prize
Conservatives' consolation prize
Discussion:
The Volokh Conspiracy, American Thinker, Hot Air, The Daily Caller and Outside the Beltway
Tom Scocca / Slate:
Obama Wins the Battle, Roberts Wins the War
Obama Wins the Battle, Roberts Wins the War
Discussion:
The Caucus, The Volokh Conspiracy, The Daily Beast, ABCNEWS, Hit & Run, Balkinization, Washington Examiner, Politico, Outside the Beltway, The White House, American Power, Ricochet Conversations Feed, Angry Bear, The Debate Link, The Huffington Post, Gawker, Power Line, ThinkProgress, Legal Theory Blog, The PJ Tatler, The Daily Caller, Feministing, New York Times, The Maddow Blog and The Week
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:
NationalJournal.com, Washington Post, SCOTUSblog, New York Times, Cato @ Liberty, Washington Wire and American Power
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:
Rush Limbaugh, And So it Goes in Shreveport, Babalú Blog, CNN and Reuters
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
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, Hit & Run, The Apothecary and The Daily Caller
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, National Review, Hot Air, Betsy's Page and Bookworm Room
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, The Debate Link, American Prospect, CNN and US Politics
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
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 Spectator, Washington Post, American Thinker, The Week, Wonkette, RedState, Hit & Run, Politico, iOwnTheWorld.com and Washington Wire
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.
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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:
GOP 12, The Week, The Monkey Cage, The Daily Caller, American Prospect and American Power
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.
Paul Krugman / New York Times:
The Real Winners — So the Supreme Court — defying many expectations — upheld the Affordable Care Act, a k a Obamacare. There will, no doubt, be many headlines declaring this a big victory for President Obama, which it is. But the real winners are ordinary Americans — people like you.
Discussion:
Taylor Marsh, Prairie Weather, Washington Post, Esquire and Brad DeLong
Annie-Rose Strasser / ThinkProgress:
Conservative Republicans Turn On Former Hero, Chief Justice John Roberts
Conservative Republicans Turn On Former Hero, Chief Justice John Roberts
Discussion:
Daily Kos, Salon, Booman Tribune, mulvaney.house.gov, Balloon Juice and SCOTUSblog
Igor Volsky / ThinkProgress:
4 Reasons Why Republicans Won't Be Able To Repeal Obamacare
4 Reasons Why Republicans Won't Be Able To Repeal Obamacare
Discussion:
The Daily Beast
Economics Policies for the 21st Century:
SCOTUS Post-Mortem: What's Next?
SCOTUS Post-Mortem: What's Next?
Discussion:
National Review
Geneva Sands / The Hill:
Hillary Clinton: ‘Obviously quite excited’ about court ruling
Hillary Clinton: ‘Obviously quite excited’ about court ruling
Discussion:
New York Times, Capital Tonight, Politico, Hot Air, Alan Colmes' Liberaland and The Hill
Mj Lee / Politico:
Rubio: IRS to ‘come after’ uninsured
Rubio: IRS to ‘come after’ uninsured
Discussion:
CNN, Firedoglake, PERRspectives and Little Green Footballs
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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Noel Sheppard / NewsBusters.org blogs:
Nancy Pelosi Botches Brian Terry's Name While Addressing Congress on Holder Contempt Charges — House Minority Leader Nancy Pelosi (D-Calif.), while speaking on the House floor opposing the contempt charges of Attorney General Eric Holder, actually botched the name of slain border patrol agent Brian Terry.
Discussion:
Red Alert Politics, Hot Air, Right Wing News, Washington Examiner, The Lonely Conservative and The PJ Tatler
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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
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
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, Daily Kos and Indecision Forever
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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