King v. Burwell and ideological independence

Subject as always to confirmation bias, I’m going to interpret the votes in this case as further support for my argument that the Republican appointees are fragmenting. It’s striking that both Roberts and Kennedy joined the liberals.

partisan independence

See my earlier posts on this topic. What is the explanation? Here are a few (overlapping) possibilities:

1. Kennedy and Roberts are more ideologically moderate than the other Republicans.

2. Roberts is concerned about the legitimacy of the court.

3. Only the Republican appointees take the law seriously, and so are willing to disagree with each other. The Democratic appointees march in lockstep because they care about outcomes.

4. Sunspots; the alignment of the stars; tidal forces.