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The Roberts Opinion: It's Not All Bad

pgt Wrote: Jun 29, 2012 1:41 PM
Way back when, Rowan and Martin had a recurring theme of "I have good news and bad news." We all remember how immaterial the "good news" was when hearing the bad news. That theme is repeated today.

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...