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Cenk Uygur Headshot

Did the Conservative Justices Make 'The Mistake' on Purpose?

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On the very first night of coverage of the Supreme Court's decision on the Affordable Care Act, we pointed out "The Mistake" by the dissent on The Young Turks. They accidentally left at least 15 references to the "dissent" in the case when referring to Justice Ginsburg's concurring opinion. This indicated that Justice Roberts switched late in the process so that Justice Ginsburg's opinion changed from the dissent to the concurring opinion when she became part of the winning side of the argument.

Since then, this has gotten a lot of coverage and CBS News seems to have confirmed the switch. But what hasn't gotten a lot of coverage is what Salon writer and constitutional law professor Paul Campos also said that first night -- the conservative justices might have left the mistake in the opinion on purpose to send a message that they were stabbed in the back. Watch here:

Having gone to law school, I know that you don't even make that kind of mistake in a law review article. Let alone repeatedly. Let alone on the Supreme Court. Let alone on the most watched case in a long time. That's not an accident.

CBS is reporting that Chief Justice Roberts made the switch about a month ago. The army of law clerks at the Supreme Court didn't catch that error in a month of editing and reviewing? And that mistake wasn't made once, it was made 15 times.

The justices can't speak about what happens in their deliberations, but leaving an error like that in the dissenting opinion speaks volumes. It is meant to tip off conservatives -- this guy screwed us and jumped ship.

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