Joan Biskupic has the exclusive, with this great interview of Justice Ginsburg:
As the positions in the healthcare case unfolded among the nine justices, Ginsburg said, the process was fluid. But she suggested it was obvious from the earliest discussions after the late-March oral arguments that Roberts and the other conservatives were poised to limit Congress’ commerce power.
The Obama administration’s main argument for upholding the law, which requires most Americans to buy health insurance by 2014, rested on Congress’ robust authority to regulate commerce and the national economy.
Ginsburg quickly began drafting the dissenting statement on that issue, portions of which she read from the bench on the day the ruling was announced.
“I had a draft of the dissent before the chief circulated his opinion because I knew it would be impossible to do” as the term went into the final month of June and several cases culminated.
This account is entirely consistent with the speculation that RBG’s dissent was aimed at perhaps becoming a majority opinion. Though, things were quite quite “fluid.”
Also, I am very sorry to hear that RBG fractured her ribs. A speedy recovery to her!