July 11th, 2012

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Reflection on the Affordable Care Act Case

I am doing a drop in at Stanford and the flight from DC gave me time to read through Nat'l Fed. of Ind. Businesses v. Seibelus, aka the Affordable Care Act case aka Obamacare.

Having read it, I can believe Roberts changed his vote because -- and I do not say this lightly -- the four dissenting conservatives went totally batshit crazy on two issues: the Medicaid expansion and severability clause analysis. I can actually see how Kennedy's opinion would have driven Roberts to a much more moderate position on both these key elements.

I think the dissenters are also contrary to precedent on their analysis of the tax issue, but they aren't batshit crazy on that the way they are on the other two.

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