The roiling question is, did Chief Justice Roberts flip and join Liberals on the highest court in the land later, rather than sooner? The ObamaCare SCOTUS dissent is long and detailed. As I read it yesterday, it was obvious the document needed some considerable prep time, so was likely prepared earlier and, perhaps updated at the last minute. There are some statements in the dissent (and in footnotes) that didn’t receive update-attention, unforgivable from the U.S. Supreme Court, unless the inattention was purposeful.
Campos wrote Thursday in Salon that the dissent had a triumphant tone, as if it were written as a majority opinion, and that the four conservative justices incorrectly refer to Justice Ruth Bader Ginsburg’s concurring opinion as a “dissent.”
“No less than 15 times in the space of the next few pages, the dissent refers to Ruth Bader Ginsburg’s concurring opinion as ‘Justice Ginsburg’s dissent,'” Campos wrote.
DeLong pointed out on his popular blog that in Justice Clarence Thomas two-page note on the dissent, he refers to the conservatives’ dissent as the “joint opinion” instead of the “joint dissent.”
Campos hypothesized that the conservative justices may have intentionally left these typos as a way of signaling to the outside world that Chief Justice Roberts abandoned them at the last moment. Source: ABC News