Reports The Washington Examiner's Phillip Klein:
I asked Lee about speculation that the joint dissent filed by Antonin Scalia, Anthony Kennedy and Clarence Thomas and Alito – which argued for invalidating all of Obamacare – was originally drafted as the majority opinion. Among other things, the dissent spends much of the time attacking the government’s arguments, as well as a dissent from Ginsburg, and only passingly refers to the actual majority opinion. This has been seen by some as a strong indication that Roberts may have changed his vote.
“I noticed the same thing,” Lee said. “Although I don’t know exactly what happened within the Court, these are the kinds of signals you tend to see when something like that does happen. It made no sense to me that the dissent referred repeatedly to the ‘Ginsburg dissent’ instead of the ‘Ginsburg concurring opinion,’ for example. And it was written like it was expected to be a majority opinion. And although I don’t know exactly what happened there, that is the sort of thing you tend to see when somebody switches their vote.”
(See also related Newsmax story.)
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