Mississippi Guv Tears Into SCOTUS For Upholding 'Socialist' Obamacare

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38. Always watch 6-3 decision when the Chief Justice is the 6th vote

Here is the actual opinion:

http://www.supremecourt.gov/opinions/14pdf/14-114_qol1.pdf

ROBERTS, C. J., delivered the opinion of the Court, in which

KENNEDY, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.

SCALIA,J., filed a dissenting opinion, in which THOMAS and ALITO, JJ., joined.

Under the rules of the Supreme Court, when the Chief Justice is with the Majority he either writes the opinion or decides who is to write it. If the chief justice is in the Minority, the most senior Justice writes the opinion. In the past when we had a Conservative Chief Justice he would vote with the liberals so he could write the opinion and thus minimize its effect (Burger was accused of this extensively). While Roberts was in the five vote majority in the previous Obama care vote, here is vote was NOT needed, thus he could have voted with the minority and leave Kennedy write the majority opinion. I suspect he did NOT want Kennedy to write the opinion and shifted side to prevent that.

Just a comment on 6-3 votes, when the Chief Justice is the person shifting his vote.