I AM FLOORED BY JUSTICE ROBERT’S VOTE ON THE HEALTH CARE BILL!
I have to admit I never thought the outcome of the U.S. Supreme Court on the health care bill would ever be what it turned out to be. Nor would I, in a thousand years, have anticipated the "swing" vote would be Justice Roberts who now suffers the hysterical abuse of conservatives like the biopolar conduct of Glen Beck in reacting to Robert's vote.
So, why did he do it? I believe he made a very difficult choice to fulfill his role as Chief Justice and preserve this court from classic proof that is is just a partisan group of politically driven judges who are not above politics. I think he was well aware of the eroding public support of the people who see this court as a bunch of Republican politicians in black robes. He must have realized another party line vote on this law would seriously undermine respect for the court as an institution. I think he thought it was his duty as Chief Justice to uphold the reputation of the court by voting contrary to the gang of four he usually votes with. The decision could not have been easy for him. I'm sure it involved his political beliefs in total conflict with his duty to preserve the integrity of the court.
Furthermore,it appears he originally jointed the usual gang of partisan justices, Scalia, Alito and Thomas, with Kennedy in the drafting of the dissenting opinion which they thought was going to be the majority opinion. That version would have found entire law invalid and unconstitutional - a total Republican victory. It looks like he changed sides late in the game by the wording of the dissent.It's been correctly noted that "to say the remaining conservative justices are angry is a total understatement."
What should be clearly understood by Robert's decision, is that he has not changed his conservative philosphy and Republican beliefs. This was, I think, solely a tactical decision and not a change of attitudes or political belief. Liberals who expect him to be sympathetic in the future will be disappointed. Nevertheless, I guess I owe Roberts a pat on the back for his courage in upholding the disenegrating reputation of our Supreme Court in this one case. I only hope his perceived duty as Chief Justice to protect the court as an institution will compel him to make similar decisions in the future. If not, the reputation of this court will continue to deteriorate.
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You certainly know what you are talking about…