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Scotus blog: CJ Roberts almost certain to be author of health care decision, now coming Thursday (Original Post) flpoljunkie Jun 2012 OP
Does that mean it's probably going to be overturned...? LiberalLoner Jun 2012 #1
Or it could mean that Kennedy decided to uphold . . . Shrek Jun 2012 #4
That could be the case. flpoljunkie Jun 2012 #6
that doesn't sound promising.... unblock Jun 2012 #2
Not necessarily. Arkana Jun 2012 #7
This message was self-deleted by its author Drunken Irishman Jun 2012 #10
Yep MrNJ Jun 2012 #3
Very interesting. boxman15 Jun 2012 #5
I want to believe your position. I'll hold that thought...you've given me a CTyankee Jun 2012 #8
Thank you for your glimmer of hope! tallahasseedem Jun 2012 #9
The opinion can't be written by two justices. There can be the major opinion that most WI_DEM Jun 2012 #11
That's assuming Roberts writes the majority opinion, and Kennedy concurs demwing Jun 2012 #13
Sounds like conjecture from a blogger demwing Jun 2012 #12

Shrek

(3,981 posts)
4. Or it could mean that Kennedy decided to uphold . . .
Mon Jun 25, 2012, 10:55 AM
Jun 2012

And the Chief Justice decide to join the majority so he could assign the opinion to himself (and craft it as narrowly as possible).

Arkana

(24,347 posts)
7. Not necessarily.
Mon Jun 25, 2012, 11:38 AM
Jun 2012

If it turned out to be 5-4 in favor, I think Roberts would change his vote so he could write the opinion.

Response to Arkana (Reply #7)

MrNJ

(200 posts)
3. Yep
Mon Jun 25, 2012, 10:51 AM
Jun 2012

They go in reverse order of seniority
Roberts is chief J = most senior
Scalia (Reagan) and Thomas (GHW) are there together with Kennedy (Reagan) in terms of seniority.

boxman15

(1,033 posts)
5. Very interesting.
Mon Jun 25, 2012, 11:07 AM
Jun 2012

If it was just Roberts writing the opinion, I'd say the mandate at the least is doomed. But if Kennedy is coauthoring it, then there's a chance this thing will be upheld (more astute Court observers, please feel free to correct me). I remember reading many Court experts thinking that if Kennedy ruled in favor of the law, then Roberts may vote along with him to "help his legacy" and avoid yet another 5-4 vote.

Of course, this could just as easily mean a 5-4 vote against the law.

CTyankee

(63,912 posts)
8. I want to believe your position. I'll hold that thought...you've given me a
Mon Jun 25, 2012, 11:40 AM
Jun 2012

slender reed of hope...

WI_DEM

(33,497 posts)
11. The opinion can't be written by two justices. There can be the major opinion that most
Mon Jun 25, 2012, 12:35 PM
Jun 2012

signed on to or a concurrance opinion written by another justice. Concurring opinions are written when a justice agrees with the majority for the verdict but disagrees with parts of the majority opinion.

To me that indicates bad news. With Roberts authoring the ruling and Kennedy concurring but disagreeing with parts of it.

 

demwing

(16,916 posts)
13. That's assuming Roberts writes the majority opinion, and Kennedy concurs
Mon Jun 25, 2012, 01:31 PM
Jun 2012

It could also be that Roberts joined the majority in order to choose Kennedy as the author of the majority opinion, and then added his own concurring (but not identical) views...

Of course, the whole discussion is based on a guess by a blogger - where's the evidence that any of it is true, and if it turns out to be true, how the hell did this blogger find out in advance?

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