Thursday, June 28, 2012

Why Did Roberts Do It?

The lineup was a shocker: Roberts joined the court?s four moderate/liberal justices in upholding the act. Court-watchers knew Roberts would be in the majority, whichever way the case came out, but we expected Justice Anthony Kennedy to be there, too. He wasn?t: Kennedy joined fellow conservative Justices Scalia, Thomas, and Alito in a vehement (and?departing from court practice?jointly signed) dissent. Indeed, the chief justice was the only justice who cast a vote on the individual mandate that was contrary to the political position of the party of the president who appointed him.

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