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Originally Posted by Honus
The opinion does it nicely, I think. So does the government's brief, which I linked to previously. That Scalia disagrees with Roberts does not mean that Roberts' logic is tortured or convoluted.That's just politics. Doesn't mean anything.On the commerce clause part and the Medicaid part, I agree. On the taxing power, it's right down the middle of the plate, AFAIK. |
It is not that Scalia disagees, it is that the argument Scalia lays out both disputes and refutes the logic the Roberts relies upon to arrive at his finding.