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Justice John Roberts(a George Bush appointment) is frequently on the wrong side of decisions made by the Supreme court.
Like calling O'Bastardcare a "tax," an argument O'Bastard never even made. Roberts is another Suiter.
A party doesn’t have to state or claim a particular argument for the Court to use it as a basis for a ruling. Hornbook law.
Ok. Did the court rule in error anywhere in the case?
Not the time or the place to rehash that stupid argument.