Fulton v. Philadelphia: Roberts has 9-0 majority opinion; late vote switches?

[I’m not Stu]

Alito has the majority opinion in Fulton v. Philadelphia, which has not been handed down yet. I’m not certain, but I think it could be a 5-1-3 decision assigned to Alito by Thomas, with Roberts writing a narrower non-controlling concurrence in the judgment. Kavanaugh might also vote to kill Obamacare in a 5-4 decision with Roberts dissenting. These could both be opinions assigned by Thomas.

https://twitter.com/mjs_DC/status/1387776856217296902

[Frozen Sky Ever Why]

It is unfortunate that pharmaceutical puppets like President Biden blocked universal healthcare in 1994, putting low income Americans in a vulnerable position like this that continues even decades later.

[Donerail]

Please stop making threads like this, especially when you can't even be bothered to read what you're posting. Roberts is writing the ACA opinion.

[Skill and Chance]

Please stop making threads like this, especially when you can't even be bothered to read what you're posting. Roberts is writing the ACA opinion.

Yes, if it's really a Roberts opinion, it's an absolutely done deal that the rest of the ACA stands, whatever happens to the mandate.

[I’m not Stu]

Please stop making threads like this, especially when you can't even be bothered to read what you're posting. Roberts is writing the ACA opinion.

I said Kavanaugh might kill the ACA. I didn’t say will. Roberts probably writes the decision and upholds the ACA, but I said it’s possible he dissents. I was taken of context.

[brucejoel99]

Alito having Fulton feels expected, & terrifying all the same. Given who's already written what from November (& in tandem with what came out of their severability cases from last term), anything but Roberts writing for a fractured majority in the ACA case - presumably the entire conservative bloc in favor of standing & unconstitutionality, & then Roberts, the liberals, Kavanaugh, & Barrett ruling that an unconstitutional residual individual mandate is nevertheless severable from the rest of the ACA - would be a surprise at this point.

[I’m not Stu]

I wonder if Fulton will be a 5-1-3 decision (majority assigned to Alito by Thomas, Roberts concurring in the judgment or partially concurring and dissenting).

[they don't love you like i love you]

While Alito writing the Fulton decision is certainly not a happy thing albeit not surprising (I guess we'll have to consider Gorsuch a wild card on this sort of thing, unless Roberts flipped on this case), Roberts writing the ACA decision is a bit of a relief, although also not surprising.

[Sestak]

Can we please take "BREAKING" out of the title of a thread that's reporting on pure speculation with no actual story?

[I’m not Stu]

New poll: 6-3, 5-1-3, or 5-4?

[Geoffrey Howe]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

[I’m not Stu]

Alito hinted months ago that he has the majority opinion in Fulton v. Philadelphia.

https://twitter.com/RichterJCCACEO/status/1327241840970633216

[politicallefty]

Fulton was never going to be a win for the left. These religion cases are going to go one way from now on so long as the Court has its current composition. It is concerning if Alito is writing though. The best hope is that he's writing a plurality opinion where maybe Roberts and Kavanaugh concur in the judgement, but not necessarily the reasoning.

If Roberts does have the ACA case, that's definitely a relief. I'd be far more concerned if he isn't the one writing for the majority.

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

I'm not sure what the latter point has to do with, but it's not surprising. Personally, I cannot think of a single opinion on a point of major contention that I agree with. He votes the most like a partisan Republican of any of the current Justices. I've written before about my issues with him. In particular, I think he's by far the worst Justice when it comes to protecting the rights of criminal defendants. While he did concur in the judgement, he was alone in not joining the majority opinion in Riley v. California.

[I’m not Stu]

Fulton was never going to be a win for the left. These religion cases are going to go one way from now on so long as the Court has its current composition. It is concerning if Alito is writing though. The best hope is that he's writing a plurality opinion where maybe Roberts and Kavanaugh concur in the judgement, but not necessarily the reasoning.

If Roberts does have the ACA case, that's definitely a relief. I'd be far more concerned if he isn't the one writing for the majority.

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

I'm not sure what the latter point has to do with, but it's not surprising. Personally, I cannot think of a single opinion on a point of major contention that I agree with. He votes the most like a partisan Republican of any of the current Justices. I've written before about my issues with him. In particular, I think he's by far the worst Justice when it comes to protecting the rights of criminal defendants. While he did concur in the judgement, he was alone in not joining the majority opinion in Riley v. California.

Ain’t gonna happen. Kavanaugh breaks with Roberts in religion cases. It will be the absolute worst case scenario.

[politicallefty]

Ain’t gonna happen. Kavanaugh breaks with Roberts in religion cases. It will be the absolute worst case scenario.

Oh, I don't think Roberts is a vote against the pro-religion side. He's been quite clear where he stands. I was only opining on the possibility that Roberts and Kavanaugh potentially write a concurring opinion that could somehow narrow the scope of the decision. (The worst case scenario is still the most likely, I agree.) It's just the best hope there is. I'm not saying it's the most likely scenario, just a reasonable possibility. The only other hope is that holding a majority together somewhat constrained Alito's majority opinion.

[Geoffrey Howe]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

I'm not sure what the latter point has to do with, but it's not surprising. Personally, I cannot think of a single opinion on a point of major contention that I agree with. He votes the most like a partisan Republican of any of the current Justices. I've written before about my issues with him. In particular, I think he's by far the worst Justice when it comes to protecting the rights of criminal defendants. While he did concur in the judgement, he was alone in not joining the majority opinion in Riley v. California.

I'm not defending Alito; I don't much like him either. I'm simply saying that he must be something of a kindred spirit to some Atlasians who draw congressional districts in the Political Geography and Demographics section.

[Pericles]

If the Supreme Court actually overturns Obamacare on a nonsense argument, Congress has the votes to reinstate essentially the same program and maybe even to improve it. This would also revive court-packing, even then it wouldn't be inevitable but it would have a chance of happening.

[I’m not Stu]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

[Geoffrey Howe]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

[I’m not Stu]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

No, he wants the country to be a dictatorship.

[Geoffrey Howe]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

No, he wants the country to be a dictatorship.

I see. Do you want to come here for legal reasoning?

[I’m not Stu]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

No, he wants the country to be a dictatorship.

I see. Do you want to come here for legal reasoning?

Alito himself doesn’t even care about legal reasoning.

[Geoffrey Howe]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

No, he wants the country to be a dictatorship.

I see. Do you want to come here for legal reasoning?

Alito himself doesn’t even care about legal reasoning.

So are you trying to imitate him?

[I’m not Stu]

It's somewhat ironic how much hate Alito gets on Atlas. His father drew congressional districts for New Jersey.

Alito also believes rotten boroughs should be legal.

Doesn’t he just believe they’re not unconstitutional?

No, he wants the country to be a dictatorship.

I see. Do you want to come here for legal reasoning?

Alito himself doesn’t even care about legal reasoning.

So are you trying to imitate him?

No. Even with conservative judges, Alito is an outlier.

[I’m not Stu]

Only Breyer, Roberts, and Alito haven’t had anything from the November sitting. Roberts gets Obamacare. Alito or Breyer gets the gay adoption case.