Recommended reading inre: ACA mandate rulings

The snip below has been edited (portions deleted where ever there are ellipses).

2)       If the Supreme Court does review the constitutionality of the mandate, how will they rule?

. . .

Justices Breyer and Ginsburg are pretty obvious votes for the mandate … Justices Kagan and Sotomayor seem like safe votes for the mandate … Chief Justice Roberts will likely vote to uphold the mandate given the very  expansive views of the Necessary and Proper clause that he signed on to just recently in United States v. Comstock.  I suspect Justice Kennedy will vote to uphold the mandate … And I’m pretty sure Justice Thomas will vote to strike down the mandate given his views of the Commerce Clause.  In contrast, I don’t have good sense of where Justices Scalia and Alito might come out.

Putting the numbers together,  I expect 6 votes for the mandate, 1 against, and 2 uncertain.   If my numbers are right, the mandate will be upheld by a vote of anywhere from 6-3 to 8-1.



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