Randy Barnett over the Volokh Conspiracy has something you need to read.
"Well, that is not exactly what he says. Instead, in Why Scalia Could Uphold Obamacare, Larry Lessig actually says that if the “conservative” Justices do not accept his reading of their prior decisions, his students and other cynics would think the justices were acting politically, and he would be powerless to defend the Court, which would sadden him greatly."
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