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.”

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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