Bench Memos

Re: Majority-Opinion-Turned-Dissent?

A follow-up to this post:

Two savvy Court-watchers have separately passed along to me a third theory, which has a lot going for it. As one of them puts it: “My theory is that the Chief assigned it to himself, but then flipped on the taxing-power issue. The orphan draft opinion had no author and became the joint dissent, but Scalia had to (and clearly did) write the tax piece.”


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