5 December 2025
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Mark Schmitt (New America, Vox Polyarchy) and Scott Lemieux (Lawyers, Guns and Money, The American Prospect, The College of St. Rose)
On Fireside Chats, Mark and Scott talk Affordable Care Act. Has Mitt Romney got his message straight on whether the mandate is a tax or a penalty? What’s with all the leaks coming from the Supreme Court? Does the constitutionality of the law actually matter, or are the justices just partisan actors? Is there a “conservative cabal” of Supreme Court clerks responsible for the leaks? As far as the politics going forward, Mark thinks the Republicans wouldn’t repeal Obamacare, while Scott thinks they just might.
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Mark Schmitt
Scott Lemieux
Scott’s American Prospect post on John Roberts and the ACA
Scott’s followup post on Roberts
One more Roberts post from Scott
The Wall Street Journal criticizes the Romney campaign
Video of Bill Kristol criticizing Romney
Edward Lazarus’s book “Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court”
Jeffrey Toobin’s book “The Nine: Inside the Secret World of the Supreme Court”
Jan Crawford’s book “Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court”
Crawford’s scoop that Roberts switched sides on health care
Paul Campos reports in Salon that Roberts wrote both the opinion and the dissent
Mark Tushnet posts about the Roberts switch for Balkinization
Orin Kerr argues for the Volokh Conspiracy that Supreme Court clerks wouldn’t dare leak information
Mark argues in Salon that Republicans won’t repeal the ACA
A January 2012 poll showing elements of the ACA are popular
Fireside Chats | Jul 9, 2012 | Mark Schmitt & Scott Lemieux
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