Comment

The Giant Breitbart Awakes

497
lawhawk6/29/2012 9:36:44 am PDT

re: #484 darthstar

Campos’ argument falls apart once you read the entire opinion, and realize that Ginsberg was a dissenting opinion. The headnote from Ginsburg clearly states the following:

JUSTICE GINSBURG, with whom JUSTICE SOTOMAYOR joins, and with whom JUSTICE BREYER and JUSTICE KAGAN join as to Parts I, II, III, and IV, concurring in part, concurring in the judgment in part, and dissenting in part.

Roberts joins with Ginsburg, Sotomayor, Breyer, and Kagan on finding a taxing power justification, but Roberts didn’t agree with the Commerce Clause/Necessary and Proper justification.

Thus, it’s logical to note that in the majority opinion when referring to the concurring opinion as a dissenting view - rather than pointing at the dissent by Alito, Thomas, and Scalia.

There’s no there there.