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29 Jun 2012, 4:38 am
Four judges, Justices Scalia, Kennedy, Alito and Thomas, did not find the 'individual mandate' to be a valid exercise of taxing powers by Congress. [read post]
29 Jun 2012, 4:24 am
In a series of separate opinions, Justice Thomas has adopted this approach and rejected the contemporary notion of “purposes and objects” preemption. [read post]
29 Jun 2012, 2:13 am
Roberts was 50 when he became Chief Justice in 2005, Justice Thomas was just 43 when he was appointed in 1991. [read post]
28 Jun 2012, 10:30 pm
In all five Justices rejected the argument that the individual mandate of the ACA would pass Constitutional muster under the Commerce Clause, Chief Justice Roberts, Justices Scalia, Kennedy, Thomas and Alito. [read post]
28 Jun 2012, 9:48 pm
Laurence Tribe, who taught John Roberts constitutional law when he was a student at Harvard Law School.]The joint dissent by Justices Scalia, Kennedy, Thomas and Alito reads for the most part as though it had initially been drafted as the majority's opinion. [read post]
28 Jun 2012, 6:47 pm
Justice Thomas filed a dissenting opinion. [read post]
28 Jun 2012, 2:54 pm
I am not sure whether I was more mystified by the position of CJ Roberts (joined in this portion of his opinion by Justices Breyer and Kagan) or horrified by the joint opinion (of Justices Scalia, Kennedy, Thomas and Alito). [read post]
28 Jun 2012, 2:29 pm
Roberts, an appointee of former president George W. [read post]
28 Jun 2012, 1:24 pm
Justice Kennedy, who was widely viewed as the likely swing vote, did join with Justices Scalia, Alito and Thomas in a dissenting opinion. [read post]
28 Jun 2012, 1:05 pm
Chief Justice Roberts flatly rejected the Sixth Circuit’s central reasoning in Thomas More that the individual mandate could be upheld under Congress’s commerce power. [read post]
28 Jun 2012, 12:39 pm
Chamber of Commerce President and Chief Executive Officer Thomas Donohue, in a statement, said the law remained "fundamentally flawed. [read post]
28 Jun 2012, 11:53 am
Justice Kennedy, along with Justices Thomas and Alito, joined the dissent written by Justice Scalia, who would have invalidated the law in its entirety. [read post]
28 Jun 2012, 11:09 am
The traditional conservatives (Kennedy, Scalia, Thomas, and Alito) dissented, not buying the tax argument, saying the majority essentially re-wrote the law in order to uphold it. [read post]
28 Jun 2012, 11:07 am
They wrote it thinking that Roberts was joining them. [read post]
28 Jun 2012, 10:31 am
The dissenters (Scalia, Kennedy, Thomas, and Alito) would have thrown the entire law out. [read post]
28 Jun 2012, 10:27 am
Roberts provides a rational, nuanced decision in upholding the law.No. [read post]
28 Jun 2012, 10:07 am
As Justice Kennedy states in his dissent joined by Scalia, Thomas, and Alito: "In our view, the entire Act before us is invalid in its entirety. [read post]
28 Jun 2012, 9:36 am
Roberts said that Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito Jr. had authored a "joint dissent" -- an unusual formulation, since usually a single justice writes a dissent that is joined by others. [read post]
28 Jun 2012, 8:59 am
The majority opinion was authored by Justice Roberts. [read post]
28 Jun 2012, 8:59 am
The majority opinion was authored by Justice Roberts. [read post]