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9:50 PM ET, June 28, 2012

memeorandum

 Top Items: 
Jake Sherman / Politico:
Pence likens health care ruling to 9/11  —  In a closed door House GOP meeting Thursday, Indiana congressman and gubernatorial candidate Mike Pence likened the Supreme Court's ruling upholding the Democratic health care law to the Sept. 11 terrorist attacks, according to several sources present.
RELATED:
David Bernstein / The Volokh Conspiracy:
Was the Dissent Originally a Majority Opinion?  —  The four-Justice dissent, at least on first quick perusal, reads like it was originally written as a majority opinion, [something Larry Solum also noticed] (for example, he refers to Justice Ginsburg's opinion as “The dissent") [update …
David Frum / The Daily Beast:
Repeal Is a Fantasy  —  Republican presidential candidate Mitt Romney speaks about the Supreme Court ruling on health care in Washington, Thursday, June 28, 2012.  (Charles Dharapak / AP Photo)  —  The Republican Plan B is to repeal Obamacare on Day 1 of a Romney presidency.  —  Good luck with that.
Michael Hastings / BuzzFeed:
CNN News Staffers Revolt Over Blown Coverage  —  “Embarrassing.”  “F**king humiliating.”  “Shameful.”  A veteran producer jumps the gun, a young correspondent goes too far, and the network's crisis deepens.  —  News staffers at the cable network CNN, long the gold standard in television news …
Ezra Klein / Washington Post:
The political genius of John Roberts  —  After Chief Justice Charles Evan Hughes deftly beat back Franklin Delano Roosevelt's court-packing proposal, FDR said, with grudging admiration, that Hughes was the best politician in the country.  “That was hardly the way Hughes would have chosen to be remembered …
Tom Scocca / Slate:
Obama Wins the Battle, Roberts Wins the War  —  The chief justice's canny move to uphold the Affordable Care Act while gutting the Commerce Clause.  —  There were two battles being fought in the Supreme Court over the Affordable Care Act.  Chief Justice John Roberts—and Justice Anthony Kennedy …
Tim Mak / Politico:
Blog chatter: Impeach Roberts  —  Furious conservative activists lashed out Thursday in the blogosphere at Supreme Court Chief Justice John Roberts for siding with the left and upholding the individual mandate in “Obamacare,” with some even calling for his impeachment.
Lawrence Solum / Legal Theory Blog:
Evidence that the Votes Shifted After Conference (Initial Vote to Declare Mandate Unconstitutional)  —  After a preliminary read of the opinions in the Health Care Cases (National Federation of Independent Business v. Sibelius), there seems to be substantial evidence that the initial vote …
Ryan Lizza / News Desk:
Why Romney Won't Repeal Obamacare  —  Mitt Romney, speaking just before noon today, declared that on his first day in office, “I will act to repeal Obamacare.”  I think he chose his words carefully.  As President, he may indeed “act” to repeal it on Day One, but I don't believe he will actually be able to overturn the law.
Discussion: The Monkey Cage
Erick Erickson / Erick's blog:
I'm Not Down on John Roberts  —  Having gone through the opinion, I am not going to beat up on John Roberts.  I am disappointed, but I want to make a few points.  —  First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written …
J. Bradford DeLong / Brad DeLong:
Did Nino Scalia Firmly Think He Had His “Constitutional Moment”, and His Majority?  —  Sure sounds like he did not search-and-replace his text to correct it when Roberts peeled off.  —  Successfully electing George W. Bush 5-4 was not enough for him.  He thought he had repealed the ACA 5-4 as well.
Daniel Epps / The Atlantic Online:
In Health Care Ruling, Roberts Steals a Move From John Marshall's Playbook  —  There are eerie parallels between today's decision and a legendary case from Thomas Jefferson's time.  —  Earlier today, the Supreme Court, by a narrowly divided vote, upheld the individual mandate …
Steve Benen / The Maddow Blog:
How far the four dissenters were willing to go  —  In a 5-4 ruling, the U.S. Supreme Court upheld the constitutionality of the Affordable Care Act.  But as the political, legal, and policy world scrutinizes the details of today's ruling, it's worth pausing to appreciate just how far the four dissenters …
Lyle Denniston / SCOTUSblog:
Don't call it a mandate — it's a tax (UPDATED)  —  UPDATED to 12:50 p.m. For those reading the opinions, the key section on the mandate is in Roberts' opinion, from pp.  33-44.  That clearly has five votes behind it.  —  Salvaging the idea that Congress did have the power to try …
Lawrence Solum / Legal Theory Blog:
The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law  —  The Supreme Court upheld the individual mandate today on a 5-4 vote.  The decisive opinion by Justice Roberts reasons that the mandate was not authorized by commerce clause, but instead upheld the mandate as a tax.
Annie-Rose Strasser / ThinkProgress:
Conservative Republicans Turn On Former Hero, Chief Justice John Roberts  —  Conservative Republicans used to be huge fans of Chief Justice John Roberts — until this morning.  —  Over the course of just a few hours, Republicans' warm feelings toward the Chief Justice (see the top twelve Republican songs …
Igor Volsky / ThinkProgress:
4 Reasons Why Republicans Won't Be Able To Repeal Obamacare
Jake Tapper / ABCNEWS:
POTUS First Learned Erroneous News on Court Decision from Cable TV
Jennifer Haberkorn / Politico:
Health care ruling: Individual mandate upheld by Supreme Court
Geneva Sands / The Hill:
Hillary Clinton: ‘Obviously quite excited’ about court ruling
Adam Liptak / New York Times:
Supreme Court Lets Health Law Largely Stand, in Victory for Obama
David Dayen / Firedoglake:
Chief Justice Roberts May Have Switched Health Care Vote at Last Minute
Discussion: Hullabaloo and DISSENTING JUSTICE
Economics Policies for the 21st Century:
SCOTUS Post-Mortem: What's Next?
Discussion: National Review
David Kurtz / Talking Points Memo:
Three Big Questions
Discussion: Washington Monthly
White House.gov Blog:
Supreme Court Upholds President Obama's Health Care Reform
Discussion: Washington Times and msnbc.com
Shante Hayes / Influence Alley:
Congress Reacts to SCOTUS Ruling
Eric Kleefeld / Livewire:
DeMint: ‘Obamacare’ Still Unconstitutional — States Should Refuse To Implement It  —  Sen. Jim DeMint (R-SC) called on states to outright refuse to implement health care reform in the wake of the Supreme Court's decision upholding the law — which would amount to nullification by states.
RELATED:
Scott Wong / Politico:
Rand Paul: ‘Obamacare’ is still unconstitutional
Discussion: The Stranger …
Mj Lee / Politico:
Rubio: IRS to ‘come after’ uninsured
Discussion: Firedoglake and CNN
Nicole Belle / Crooks and Liars:
Rand Paul: Just Because SCOTUS Says It's Constitutional, 'Doesn't Make It So'
Leigh Ann Caldwell / CBS News:
House charges Holder with contempt of Congress  —  PLAY CBS NEWS VIDEO  —  (CBS News) The House of Representatives voted to hold Attorney General Eric Holder in contempt of Congress Thursday for failing to provide documents relating to the Fast and Furious gunwalking program.
Discussion: The Hill and Scared Monkeys
RELATED:
New York Times:
Fast and Furious Contempt Citation for Holder
Pete Yost / Associated Press:
AG emails: Get to the bottom of Fast and Furious
Ian Swanson / The Hill:
Pelosi to walk on Holder vote: What GOP is doing is ‘contemptible, even for them’
BuzzFeed:
People Who Say They're Moving To Canada Because Of ObamaCare  —  I'm sure they'll like the healthcare just fine there.  —  Dave Stopera  —  a half hour ago  —  763 responses
Tom Gantert / Michigan Capitol Confidential:
Former GOP Spokesman: ‘Is Armed Rebellion Now Justified?’  —  Lansing attorney does not like Supreme Court Obamacare ruling  —  The former spokesman for the Michigan Republican Party sent out an email that questioned whether armed rebellion was justified over the Supreme Court ruling upholding Obamacare.
 
 
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