Exact(10)
Judging from the questions at argument, Chief Justice Roberts appeared prepared to strike it down.
Justice Thomas routinely issues sweeping concurrences and dissents addressing topics that had not come up at argument.
And, Ginsburg asked the first question at argument, settling any question of recusal with a firm "no way" from the Notorious RBG.
With the exception of Justice Scalia — who described anal sex as "that conduct" in ways that would have been familiar to Sir William Blackstone — nobody on the Court was willing to support that position at argument.
The point isn't that these people are necessarily right (although they are), it is that Scarborough's attempt at argument through authority is easily refuted by even a casual stroll through recent economic punditry.
As Justice Sonia Sotomayor observed at argument, "if we call this a political question and don't address the merits, the outcome is that the president is saying that he's entitled to ignore the Congress".
Similar(50)
But we also need a serious effort at argument-checking.
At arguments, their questions are wry and sly.
The new members of the court are active participants at arguments.
In the presidential campaign last year, he pushed back at arguments about long-term American decline.
He recoils, for example, at arguments against yielding any part of East Jerusalem to the Palestinians.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com