re: #21 KGxvi

Here’s the thing, though… judges, particularly Supreme Court Justices very rarely reverse their own decisions. For that to happen, something major has to have changed between the two cases. It’s highly unlikely that CJ Roberts is going to find anything so different that he’s going to change his mind completely and decide that the law is now unconstitutional when it wasn’t just a couple of years ago.

I think the DOJ new position is red meat for the base. They have to know how ridiculous this legal theory is, and are probably confident that at least Roberts won’t vote to overturn the ACA based on it.