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Wednesday, May 23, 2012

"No, the Supreme Court is Not Poised to Adopt a Radical Libertarian Agenda..."

"... and Certain Commentators Should be Embarrassed for Suggesting Otherwise."

And from Randy Barnett:
President Obama’s two statements urging the Supreme Court to uphold the Affordable Care Act came the week after the vote was presumably taken by the justices in conference.  Since then we have been subjected to a seemingly endless stream of pundits, professors, and politicians urging the Court for “nonlegal” reasons... to uphold the Act.  All of these statements presuppose that the conference vote was to invalidate the mandate, or there would have been no reason to speak now.  Hence, the specific pressure on Chief Justice Roberts by Senataor Leahy and Jeff Rosen is implicitly urging him to change his vote from that which he cast in the conference.
I think Randy is implying that the news of the vote leaked from the conference.

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