KHN Morning Briefing

Summaries of health policy coverage from major news organizations

New Book Offers View Inside Supreme Court’s Health Law Discussions

News outlets report on Jeffrey Toobin's new book, which offers internal insights about the Supreme Court's landmark health law decision.

Politico: Elana Kagan Had Planned To Sit Out Health Care Reform Talks, Toobin Book Says
Elena Kagan deliberately stayed away from legal strategy meetings on health care reform in early 2010 — a critical decision as solicitor general that allowed her to participate in the health care ruling when she joined the Supreme Court later that year, according to Jeffrey Toobin's new book on the court to be released Tuesday. The revelation in Toobin's book — "The Oath: The Obama White House and the Supreme Court" — sheds new light on why Kagan did not recuse herself from the case (Nather, 9/18).

The Hill: Scalia Was 'Furious' At Roberts Vote On Health Care Law, Says Toobin Book
Toobin's latest book portrays Supreme Court Justice Antonin Scalia as increasingly cranky and partisan ... [Toobin] credits Scalia for a sea change in how both sides of the political spectrum think about the law. But he says the justice's bombast has become off-putting to more even-tempered colleagues. … The book confirms previous reports that Roberts changed his vote in the landmark case over President Obama's healthcare law after initially siding with the conservative justices. But Toobin reports — as others have implied — that what pushed Roberts away was the conservative justices' insistence on striking down the entire health law (Baker, 9/18).

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