re: #18 Lidane

Roberts dissents and all the other votes stay the same, it’s still 5-4 in the ACA’s favor.

Kagan recuses herself and everyone else votes, it’s still 5-3 in the ACA’s favor.

Indeed, 5-3, my mistake. Either way you slice it, they still lost.

I think that’s what makes Roberts signing onto the majority so stinging, they figured (rather confidently) that he was going to want to fix the “mistake” of the previous ACA ruling by joining Antonin “Short-timer” Scalia and Clarance “Wax Dummy” Thomas in voting to end the subsidies.