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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Wharf Rat who wrote (186112)3/28/2012 10:50:14 AM
From: JohnM  Read Replies (1) | Respond to of 542946
 
I'm gonna guess 6-3, with Kennedy (" Maybe the health insurance market is unique") and Roberts, who doesn't want 5-4, and can write the opinion by joining the majority.

Yes, that's the most optimistic possibility. And I'm leaning that way as well. But it could, very easily, be 5 to 4 against. Just terribly hard to tell. And when the outcome is so problematic, performance issues like yesterday's from the government loom much larger than they should.

I'm still assuming that the real argument clinchers occur in closed door sessions between the members of the court. And there the real loss is Stevens and Brennan, each of whom, apparently, had a near magical ability to shape majorities out of slightly changing wording.