A Bold Prediction by Tom Goldstein at SCOTUSblog

By Gregg A. Masters, MPH

News flash! we’re at 25 hours and counting for SCOTUS opinions on the trilogy of decisions they are set to rule on if the opinions are to book in this calendar year of the Court.

The following Tweet by @JoshGray_DC of the Advisory Board aka @TheAdvisoryBD caught my attention this morning:

Josh Gray ‏@JoshGray_dc

Tom Goldstein @SCOTUSBLOG goes out on limb: individual mandate will stand. Brave man!

And I must say, I agree with Tom. To wit my consideration tweets followed:

@JoshGray_dc I’m with Tom @SCOTUSblog ! http://bit.ly/LQqhJi

@JoshGray_dc always drawn to the ‘dark side’ or  more benignly put ‘contrarian’ view

@JoshGray_dc The truth is the only change since the preponderance of legal, wonk & even legislative views favored approach? = politics.

And that is ‘the truth’. This is not a case filtered through the individual or collective minds of a clear thinking American public, nor even a chorus of disinterested stakeholders, academics, policy wonks, or even politicians, but a 1984-esque ‘Newspeak’ series of progressively disingenuous filters.

Perhaps the original and ‘sober’ thinking on the subject is best reflected by former Reagan Administration Solicitor General, Charles Fried to ABC News in 2010, see: ‘SCOTUS, ACA & ‘Mis-informed’ Justices‘:

Anybody [who questions the constitutionality of the Affordable Care act] is either ignorant — I mean, deeply ignorant — or just grandstanding in a preposterous way.

We shall see, and will be chatting about the impact of the decisions shortly after the opinions are fed to us via our friends at @SCOTUSblog tomorrow, see: ‘SCOTUS and the ACA: Reflections on the Judgements of the Court‘.


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