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Politics : Politics for Pros- moderated

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To: longnshort who wrote (493140)6/28/2012 12:42:55 PM
From: Nadine Carroll2 Recommendations  Read Replies (1) of 793916
 
It’s important to note that Roberts, knowing that Kennedy was going to go over to the dark side, switched his vote for tactical purposes.

This is because the Chief Justice has prerogative to write the majority opinion, so he writes it. This is commonly done so that the more liberal members cannot use the majority opinion to write in new powers, etc.

Essentially Roberts did this to reign in any possible abuses, so he basically, from what I can see, just said this was a tax, but that the government didn’t have authority to force you to do things, [only] to tax. He limited the government’s reach, whereas if Kennedy or *GASP* Kagan had written the majority opinion, they might have given the government almost plenipotentiary powers.

That doesn't make sense. If Roberts had sided with Kennedy, Roberts would have been in the Majority and he would have written the opinion. This theory only made sense if Kennedy had sided with the liberals.
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