This criticism misses the fact that for Kennedy and the two other Republican appointees with whom he joined (Justices Sandra Day O’Connor and David Souter), the choice was not between Casey and Roe but between Casey and the Casey dissent. [read post]

While most everyone’s attention understandably has been focused on the constitutional challenge to the insurance-maintenance provision of the ACA being argued in Court this morning, the other substantive challenge before the Court this week—namely, the argument by the 26 plaintiff States that Congress’s manner of expanding Medicaid eligibility in the ACA is unconstitutional (being argued tomorrow afternoon)—has mostly slipped under the radar. [read post]