via Michael J.W. Stickings on a post over at The Reaction on a post by Mustang Bobby.

My initial sense is that Chief Justice Roberts (who, I think, thinks about his and his court’s place in history and how he and it will be perceived) will vote with the liberals and that marriage equality will win.

I have to admit, I agree with Michael on this point. When Roberts joined the liberals on ACE he signaled he was more interested in the long view than in maintaining an ideology.

It is important to note that he approached the ACA decision from two different choices, both apparently thought out.

(The Daily Beast) He certainly didn’t trust the dissenters, as he clearly instructed his law clerks to begin working on an alternative majority opinion (the final product was too polished and too long to have been written at the last minute). And he waited to see what was written.

(The Volokh Conspiracy) Notice also that his [Scalia’s] response to Roberts is tacked on at the end, rather than worked into the body of whatever he was writing (see page 64 of his dissent). For example, one would have expected Scalia to directly take on Roberts’ application of the Anti-Injunction Act, but his brief section on that act only mentions what “the Government” argues (see pages 26-28).

Do not for a minute think I believe Roberts is turning liberal. Instead, I believe he is going to make his best effort (we can argue over just how best his effort really is another day) at an unbiased approach towards interpreting the law. All law derives power from the people. At least as far as the Constitution and the Bill of Rights is concerned. If Roberts wants to be seen as a defender of the Constitution, I believe he than needs to pay attention to the majority will of the people.

As an aside, has there ever been a United States Supreme Court Judge impeached and removed from the bench? And yes, I am going to do a Google search right after publishing this post.

Update: Well, I found my answer! Samuel Chase was impeached by the House of Representatives but acquitted by the Senate. So he was not removed.

Number of wars to which William Kristol volunteered. 0

Number of wars to which John Kerry volunteered. 1

William Kristol needs to STFU.

(MinnPost) The Dayton administration on Friday sent an early signal to the federal government that Minnesota will pursue a state-run health insurance exchange and apply for an additional $39 million in grant funding to develop the tool, a crucial component of the federal health care reform law.

The U.S. Department of Health and Human Services postponed two key Friday deadlines till mid-December, but Minnesota pushed ahead anyway, emphasizing Gov. Mark Dayton’s commitment to implementing the exchange. Federal funding for the project will top $100 million if the grant is approved.

With DFL majorities in the Legislature, what once looked like a lonely project for the executive branch has become one of the most important issues for lawmakers this session.

One of the more obvious outcomes of the 2012 election will be the implementation of the Patient Protection and Affordable Care Act (PPACA) in Minnesota. Specifically the health exchange portion of the act. Indeed, I would go so far as to say that Governor Dayton has a mandate, what with both the Minnesota House and Senate returned to Democratic control. The question now is whether the Democrats in control will be hesitant due to the nature of Minnesota Nice, or if they will go ahead and take this mandate out for a test ride.

On a personal note, I struggle with Minnesota Nice. I vacillate with its application. Some days I do not wish to make waves; other days I want to do nothing but push boundaries. It gets me in trouble at work. Oh, and with my relationships. But, what the hell. In the end I will end up dead. And I have come to the conclusion that getting someone’s heart rate running might actually improve their health.