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My take, as if it matters

 

I would never have predicted that Roberts would be the fifth vote for the health care law, but as a blogger I have the absolute right to give an opinion about why it’s not surprising, now that it's happened.

So here’s my theory. It’s not the Scalia court, and it’s not the Alito court. It’s the Roberts court, and Roberts was probably keenly aware that what the minority was proposing to do was at variance with years of precedent, and that a contrary ruling would have resulted in a great deal of scorn heaped on his court by folks in the legal community, people whose opinions he cares about. In addition, this opinion will not disturb his core corporate constituency, in fact it enriches them, and he cares about them more than he cares about a bunch of easily manipulated teabaggers.

 

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