Wednesday, June 27, 2012
- A Telling Scalia Dissent
There is a very interesting tea leaf reading piece by a former SCOTUS Law Clerk over at NRO.
Mr. Whelan notes that Justices usually read only one dissent from the bench during a single term. Justice Scalia read his dissent in the Arizona case. If Scalia was not in the majority in Obamacare, he would likely be the senior Justice in dissent, which would give him first dibbs on writing the dissent. So it is a good guess that Scalia is in the majority on Obamacare.
Additionally, Justice Roberts has not delivered a majority opinion from the March and April sittings and he has delivered fewer majority opinions than the other Justices. It seems that Roberts may be delivering the majority opinion.