Forthcoming Biography Reveals New Details Of Roberts’ Obamacare Vote – IOTW Report

Forthcoming Biography Reveals New Details Of Roberts’ Obamacare Vote

 

DC: A forthcoming biography of Chief Justice John Roberts contains the first account of the Supreme Court’s internal politicking over the 2012 NFIB v. Sebelius decision, in which Roberts joined with the Court’s four liberals to uphold the Affordable Care Act’s individual mandate.

A review of the much anticipated book — the first major Roberts biography — will appear in the March edition of the Atlantic, which disseminates new details of the chief’s scheming in advance of the book’s release.

The book relates that in the weeks following the March 2012 arguments, Roberts voted with the conservative bloc to strike down the individual mandate, finding Congress had exceeded its power under the commerce clause by compelling people to buy insurance.

Roberts elected to keep the majority opinion for himself — one of the few formal powers of the chief justice is the duty to assign opinions.

As time progressed, Roberts grew uneasy and sought a third way. Initially, he hoped Justice Anthony Kennedy — the vaunted swing justice who had negotiated compromise decisions in seminal cases before — would be amenable to such negotiations. Whatever his reputation, Kennedy was not a moderate but an idiosyncratic ideologue, and he was convinced the ACA was unconstitutional.  more

22 Comments on Forthcoming Biography Reveals New Details Of Roberts’ Obamacare Vote

  1. I echo Uncle Al. Since when did the law become negotiable. I suspect that Roberts knew what he was doing was wrong and insulting to the position of a Supreme Court Justice but for some reason lost the courage of his convictions and decided to fold. What I’d like to know is why he started wavering toward the end of deliberation. If he truly changed his mind then vote your what you really think and be ready to explain. He’s not worthy of position of Justice let alone Chief Justice.

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  2. Just think of the billions of dollars that Roberts’ dithering and dishonesty cost this country. Consider all the waste with Obamacare and the destruction of the American Healthcare System. Now watch this weasel become the moderate swing vote as Trump adds conservatives to the Supreme Court. There are only four true conservatives on the Supreme Court.

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  3. The article called it “scheming”; that is exactly what it was. Why all the game playing? If 5 of the 9 agree then that’s the decision. I feel really uncomfortable with the upcoming abortion and 2nd amendment cases pending. Come on Ruth, let it go!

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  4. What did Barry have on you ? I know what Trump has on you- whatever Barry had on you and the fact that you appointed all the judges on the unconstitutional fraud that is the FISA court …

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  5. Robert was picked by “W”, right? Why is anyone surprised he turned out to be such a mush on government interfering in to our lives?

    The nation needs RGB gone and a constitutionalist on the bench to offset the damage Roberts has done and will continue to do if given half a majority.

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  6. Amazing someone would protect their reputation over an entire country and its future.
    I think a lot of people figured Obama and his people had dirt on Roberts or his wife.

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