Paul Campos at Salon cites a “source within the court with direct knowledge of the drafting process” who tells him that Chief Justice Roberts’ chambers authored most of what eventually became the dissenting opinion signed by the four most conservative justices in the Affordable Care Act case. This contradicts the two unnamed sources in Jan Crawford’s piece this weekend, which claims that Justices Scalia and Kennedy were the primary authors of the dissent, but largely confirms Crawford’s main conclusion that Roberts flipped his vote midstream. Ultimately, however, the minor details of who authored what is of secondary importance. The biggest revelation of the Salon piece is that the Supreme Court now appears to have sprung a second leak.
SCOTUS Springs Another Leak