Adam Liptak: “Three years ago this week, Justice Ruth Bader Ginsburg chided the news media for ‘publishing a steady stream of rumors and fifth-hand accounts’ predicting how the court would rule on a constitutional challenge to President Obama’s health care law.”
But that hasn’t stopped the chatter.
Liptak: “The court this month will also rule again on the fate of the health care law. Here the search for clues is harder, but that has not stopped people from trying to find them.”
“One hint, according to some, came in January at the argument of a housing discrimination case. Justice Scalia, of all people, seemed sympathetic to the administration’s general approach. ‘We try to make sense of the law as a whole,’ he said.”
“That comment and other evidence, Cristian Farias wrote in The New Republic the next week, ‘points to Scalia as a decisive vote in whether federal subsidies for all Americans survive.’”
Robert Barnes in the Washington Post: Those who came to Justice Ruth Bader Ginsburg’s appearance at the American Constitution Society’s convention Saturday night looking for clues about how the court would decide its important remaining cases didn’t find much more than this: She certainly seemed in a good mood.
Asked about the public’s rapid acceptance of gay rights, she repeated her view that it was a natural response to gay Americans being more open about their sexuality.
“The court is not a popularity contest, and it should never be influenced by today’s headlines,” Ginsburg said. But she added that it “inevitably it will be affected by the climate of the era.”