It isn’t likely that a partisan left or right justice is going to write the health care act opinion. The Chief Justice, who is right-leaning, will probably take to the computer himself in such a controversial case. The opinion will reflect his nuance at appearing as objective and clear as possible. He can do that.
The writing work has been spread around; Justice Kennedy wrote the Arizona immigration case opinion.
Washington Post’s Robert Barnes quotes from Slate that Walter Dellinger, Supreme Court practitioner and former Clinton administration lawyer believes “in his gut” that a split decision will leave something for both sides as we saw in the Arizona case.
In my judgment, I feel like most Americans that even though the court has partisan views, in the end they try to sort things out to the true test of the law. The “mandate” is a radical measure to force Americans to share the healthcare burden and responsibility. In the end, it may take the force of the law to ensure equal access and minimally acceptable health care for all Americans.
There are different means for accomplishing that including taxing the wealthy some more if all else fails.
Do you remember when Justice Roberts swore in the President and had to do it a second time because they didn’t get right?
“Are you ready to take the oath?” Mr. Roberts said.
“I am,” Mr. Obama replied. “And we’re going to do it very slowly.”
“Speculation grows that Roberts will write majority opinion in health-care case
By Robert Barnes, Tuesday, June 26, 1:44 PM
Is Chief Justice John G. Roberts Jr. preparing a life preserver for President Obama’s health-care act or a stake?
Monday’s action in the Supreme Court’s penultimate day of decisions may not have done much to shed light on what the justices have concluded about the Affordable Care Act. But it did lead most to believe that Roberts will be writing the majority opinion in the case.
Justice Anthony M. Kennedy penned the court’s opinion in the Arizona immigration case, and it seems unlikely he would be authoring the health-care decision as well. When the chief justice is in the majority, as Roberts was in that case, he decides who will write.