Justice Roberts shows his true colors as a pragmatist. Kennedy shows he has federalist leanings on important matters. SCOTUS upholds the Affordable Care Act. Kennedy follows up his opinion in a equal opportunity housing case with a vote in favor of the ACA, where he had voted against its constitutionality in a prior case. Roberts writes with a direct and pragmatic approach. He basically says that we read the whole law, not just five words. Roberts says you must look at the intent of the law, not just the technicalities.
On the other hand Scalia says we should no longer call the ACA Obamacare. It should be called SCOTUS Care. (He does know how to turn a phrase.) He calls Roberts opinion a "defense of the indefensible."
With the decision 6-3, this bodes well for Obergfell (same sex marriage). That will also be 6-3 and Roberts will write on this one too. Expect an even nastier dissent from Scalia and Thomas.
This court has now made a decided turn to the left.
WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM