If we learned anything from NFIB v. Sebelius, it’s that when faced with an important decision, both sides will try to influence the Court, beyond their briefs. In particular, the vote of Chief Justice Roberts.
In July when Halbig was decided, we already saw the first glimpses of pressure on the Chief from Ezra Klein. As we speak, the usual suspects are putting together editorials urging the Chief Justice to be the Chief Justice for all of us, and not rule against Obamacare.
It’s on. June is going to be a fun, fun month.