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The Roberts Opinion: It's Not All Bad

Eli17 Wrote: Jun 28, 2012 4:45 PM
He didn't do it explicitly. It is implied within his written opinion. It's not like he said, "hmm..if I let this monstrosity stand based on Congressional power to tax then Obama can't blame the court AND he'll have to admit it was a tax increase. Brilliant!" His logic alone for letting the law stand means that Obama will have to admit it is a huge tax increase on the middle class (although I doubt he'll actually admit that).

John Roberts is not a “traitor to his philosophy.” He is not a liberal. He is, above all else, a very strict originalist, and the Chief Justice of a Court that is acutely aware – and wary – of its role in politics. Understand that his opinion, though certainly not ideal for the Right, contains more good news for conservatives in its pages than it does on its face.

So let’s take a look at his surprising opinion – the controlling opinion, as it’s called, which sets precedent and “say[s] what the law is,” as Marshall said so long...