Did Scalia Blow It?

[kpete]

There's something quite odd in my view about the Scalia opinion in the back. It's not a Scalia rant by and large; in fact it reads at the outset rather majestically, like he's delivering the opinion of the court. Even more strangely, it refers repeatedly to the "Ginsburg dissent," but Ginsburg is in the majority on most issues. What's all this about? Were the tables turned midway? Did Roberts first sign on to Scalia's opinion and then bail on him? Is that what Ginsburg was ribbing Scalia over in her ACS remarks? I suspect there is an amazing an untold backroom story behind this decision. It may be a while before we learn it. But the sense I have is that Scalia had the votes to take a sledgehammer to ACA, and then lost Roberts. Was it Scalia's overreaching and his overheated rhetoric that did him in? This may make an excellent Supreme Court mystery. But it points in the end to the complicated and rather ornery personality of Nino Scalia as a real burden for the court's conservatives.

http://andrewsullivan.thedailybeast.com/2012/06/did-scalia-blow-it.html


hmmmmmmmmmmmmmm

[rurallib]

1. hmmmmm is right.

This court seems to have some real intrigue to it.

[sharp_stick]

2. I'd love to be a fly on the wall

during the deliberations of that group. I'm guessing it's a lot more middle-school lunch room than the august body of knowledge and wisdom we're led to believe.

[Auntie Bush]

3. Probably everyone on the court thinks Scalia is a ridiculous asshole and hard to contend with.

Bet everyone will be relieved when he finally retires. But the old goat will probably hang on till he's 95 out of pure spite.

[Baitball Blogger]

4. Give Scalia a microphone and a drink and it won't be a mystery for long.

Arrogant prick.

[DearAbby]

5. This will be a Movie at some point

the important ruling, behind the scenes look at the ACA Court Case.

Who would play Antone Scalia? No doubt Roberts saw the re-action to Scalia's partisan rant, earlier this week.

The Supreme Court to be relevant within our government, requires PUBLIC TRUST.

It could answer the odd wording of the ruling.

[no_hypocrisy]

6. Scalia probably lost Roberts' vote when Scalia informed Roberts that

He was the Chief Justice of the United States Supreme Court.

[Xolodno]

8. You know...

...a part of me wonders if something like that happened. Scalia telling Roberts how he was supposed to vote.

That or maybe Bush Jr. actually did pick a non-activist judge......

[rhett o rick]

7. In politics things are NEVER as they appear. I bet Scalia did exactly

what he was told.

[localroger]

9. I don't think Roberts was on board for full repeal

I suspect Roberts would have preferred to dump some provisions but not the entire law. Scalia and Thomas probably folded their arms and insisted it was all or nothing. Not wanting to trash so much precedent and make the court look even more political, Roberts gave them nothing.