The Hill: ObamaCare and the saddest kind of dissent

November 09, 2020 | By ELIZABETH SLATTERY , ANASTASIA BODEN

Judges write dissenting opinions for all kinds of reasons — to create a roadmap for future challenges, to register their protest, or to persuade their colleagues over time. The best dissents are the ones that never see the light of day because they are so persuasive and they become the majority. And perhaps the saddest are those that began as a majority opinion but ultimately lost the majority.

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