One of our reporters has been pushing me for a few days on the idea that John Roberts wrote both the majority opinion — which goes under his name — and the minority opinion — or at least most of it — signed jointly by the four dissenting justices. I stress though that the TPM reporter who thinks this bases his theory purely on a close reading of both opinions and his own conjecture. No reporting — just the theory of a fevered, perhaps ingenious, mind. But Paul Campos, writing at Salon, claims to have a knowledgeable source at the Court who says this is precisely what happened. As he writes, “it appears Chief Justice Roberts ended up in large part authoring both the majority opinion and the dissent in National Federation of Independent Business v. Sebelius.”
I really don’t know what to think of this, true or not. But I definitely wanted to pass it on.
Josh Marshall is editor and publisher of TalkingPointsMemo.com.