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  Justice Elena Kagan: Overlooked turncoat on health care law?
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ContributorBrandonius Maximus 
Last EditedBrandonius Maximus  Jul 05, 2012 02:39pm
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CategoryCommentary
AuthorJOSH GERSTEIN
News DateThursday, July 5, 2012 08:00:00 PM UTC0:0
DescriptionIn the landmark health care decision last Thursday, a Supreme Court justice broke with that justice's political roots, snubbed the justice's ideological fellow travelers on the court and confounded critics who had predicted the opposite outcome.

I refer, of course, to Justice Elena Kagan.

Kagan voted for portions of Chief Justice John Roberts's controlling opinion declaring unconstitutional a major provision in President Barack Obama's health care law, namely the Medicaid expansion.

While Roberts has been denounced by conservatives as an ideological heretic and turncoat for siding with liberals to uphold the individual mandate in the law, Kagan's conclusion that the law's Medicaid expansion was unconstitutionally coercive toward the states has triggered no similar wave of condemnation of her by liberals.

The absence of public outrage toward Kagan is particularly notable since she wasn't parting company just with her liberal ideological counterparts, but with the president who appointed her to the court and with the administration she served as Solicitor General immediately prior to taking the bench.
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