Roberts Shuffles the Deck with Health Care Decision

, The National Law Journal


In engineering a 5-4 affirmance, the chief justice manages a feat once seen as impossible.

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What's being said

  • Chicago Law

    Two justices should have recused themselves - Justices Kagan and Thomas from review and voting. Justice Kagan was a member of the Obama administration and her email comments about the law were made public. Justice Thomas' wife, Ginny, works at a foundation that opposed the law. Justice Thomas has also failed to disclose his wife's income on his yearly judicial form. He should resign. Justice Roberts' affirmation, I believe, was designed to remove the spotlight from these two justices' conflicts of interest. A constititutional amendment is necessary to change Article III judges lifetime appointment to a single ten year term.

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