I Get Double Hearsay About Supreme Court Decisions
Not surprisingly, the last of the Independent Medium-Audience Political Bloggers (TM) does not get leaks from Supreme Court clerks or justices, or even early-morning messages from Ginni Thomas. However, I did get an email from a D.C. – area law school graduate who has been told by “multiple sources” who know Kagan and Breyer that:
“Roberts originally voted not to sever the language allowing the Secretary of HHS to cut off all the funds from the expansion; instead he, with the four dissenters, would have thrown out the whole expansion. He backed down from this position, the story goes, in exchange for Breyer and Kagan’s votes.”
I have no idea whether or not this is true and cannot vouch for the reliability of the source, who does not claim direct knowledge of the events. But Toobin, Campos, Crawford, if your sources or future sources would like to address the issue and tell us how Roberts initially voted on the Medicaid expansion…