Comment

The Overnight Supreme Court Open Thread

318
LeftyRambles2413 (HappyWarrior)6/28/2012 7:41:44 am PDT

re: #305 lawhawk

Without the decision in hand, I can’t tell you for certain, but even if everything were decided 5-4, the ACA as a whole was upheld.

From what I can tell, the individual mandate was upheld 5-4, while other aspects of the decision had concurring or separate opinions that add up to 6-3 or 8-2. That often indicates different rationales to arrive at the same result.

7-2 you mean? My guess is that Thomas and Scalia were the only constant dissenters.