The Affordable Care Act stands. Justice BREYER writes the majority opinion. He's joined by the other two liberals (Sotomayor & Kagan) as well as three conservatives (Roberts, Thomas, & Barrett). Alito and Gorsuch dissent.
Dissenters in allowing Obamacare to stand were Alito and Gorsuch.
CNN: Supreme Court dismisses challenge to Obamacare, 7-2, leaving the law in place.
Breyer, Roberts, Thomas, Sotomayor, Kagan, Kavanaugh and Barrett vote to reject the GOP-led states’ effort to topple the law. Alito and Gorsuch dissent.
Amy Comey Barrett, Brett Kavanaugh, Clarence Thomas John Roberts and of course the three liberals all voted to uphold Obamacare.
Only Alito and Gorsuch voted against.
SCOTUS is really a body of the Left.
I’m starting to worry that Samuel Alito may not have an aptitude for fair and impartial judging.
The key to understanding Alito's judicial philosophy is that he believes that the United States should be ruled by the Republican Party, and that laws should be interpreted consistent with this overarching principle. https://t.co/LTg2FzJ9ya
I’m extremely happy that the Supreme Court upheld the ACA but let me add that Justice Samuel Alito and Neil Gorsuch can fuck all the way off for voting against healthcare during a pandemic.
Alito and Gorsuch adopted the view that after *repeatedly failing* to repeal the ACA and explicitly abandoning the project, Congress showed it really intended to destroy the entire bill because one faction of one party maybe had it in mind when they voted on a tax bill https://t.co/QA5nR156xU
Here's the good news on Fulton.
It is very narrow and fact-specific.
Alito hates it.
General doctrine survives - especially if Breyer retires.
My God, Alito and Gorsuch.
Did someone say, Efff Alito and Gorsuch?
Alito's 77-page Fulton concurrence has me thinking that Roberts did actually assign him the original majority decision and himself the Obamacare decision until Breyer engineered a bipartisan coup in Fulton that Roberts took for himself while reassigning Obamacare to Breyer.
The Supreme Court upholds Obamacare 7-2 (Alito & Gorsuch dissent) affecting 23 million persons - opinion upholding act by my favorite justice Breyer - defeating effort by Tyrant Trump and by Red states to repeal the Act -https://t.co/5ZCvrWqO6W
Today's SCOTUS is increasingly looking like a 3-3-3 Court: three progressives (Breyer, Kagan, Sotomayor), three center-conservatives (Roberts, Kavanaugh, Barrett), three hard-right conservatives (Thomas, Alito, Gorsuch).
Just to put a bow on this, look at Alito's concurrence (I haven't read it yet, cause it's 77 goddamn pages).
That's what Breyer, Soto, and Kagan were looking at if they didn't take Roberts's unanimous "deal."
The 7-2 decision, to which Justices Alito and Gorsuch dissented, leaves the Affordable Care Act in place. https://t.co/QmDoneiKq6
Perhaps Alito and Gorsuch would like to surrender the free healthcare that we buy for them.
In Fulton, there were five votes to create special religious rights that judges would enforce at their discretion: Thomas, Alito, Gorsuch, Barrett, Kavanaugh.
But Barrett & Kavanaugh were convinced to join a more limited holding for now.
Bad times lie ahead. https://t.co/7buC3Uogjv
Come for the unanimous decision defending the Catholic Church, stay for Justice Alito’s devastating concurrence that shows how much damage Scalia’s argument in Employment vs. Smith has caused — and the reason why today’s decision stands on shaky ground.
No shunning. Prospective foster parents pick agencies they want to work with. As Alito notes, "As far as the record reflects, no same-sex couple has ever approached CSS," but if one did, CSS would refer couple to another agency.
Notice how word "unanimous" is also missing. https://t.co/vJ9YzNk3xO
ALITO AND GORSUCH, IT APPEARS, WOULD HAVE STRUCK DOWN THE ENTIRE LAW. UNIMAGINABLE HUBRIS.
From Alito's Fulton opinion ... are we certain that taking drugs for religious purposes is "surely" expressive conduct that falls under the free speech clause à la flag burning?? https://t.co/ncQ8z0vOTQ
But as the tone of Alito's dissent makes clear, the REAL argument against the ACA has nothing to with federalism, it's "the Constitution enacted Ms. Ayn Rand's Atlas Shrugged, so regulations and subsidies designed to increase access to healthcare are bad" https://t.co/RLtMAlUtHY
My innovative methodology was to focus on questions like "what are the outcomes of Alito's judicial opinions" rather than questions like "is his writing style like Scalia's" or "does he like baseball?"
The Alito/Gorsuch argument on severability is literally that the statute should be interpreted as if Congress intended to repeal the ACA even though it had declined to do so months earlier: https://t.co/t1IonHefms
A couple of JLPP pieces cited in Justice Alito's Fulton concurrence today, including Branton Nestor's 2019 Note on "The Original Meaning and Significance of Early State Provisos to the Free Exercise of Religion." What an amazing accomplishment for Branton, a recent JLPP alum! https://t.co/I8Z8gr0ywt
The first time our blog led me to a publishing gig was when @sam_rosenfeld
saw my "contrarian" posts about how Sam Alito would be a human manifestation of the most recent Republican Party platform rather than the apolitical moderate he was being sold as by a lot of the press
The unanimous decision that was handed down today for the case Fulton v. City of Philadelphia was rare not only because of the unanimity on a culture war case but also because of the reasoning that Amy Coney Barrett, Kavanaugh and Roberts didn’t side with Alito.