The only thing sure about decisions out of the Supreme Court of the United States is that you can never be sure about them, Wasn't the swing vote on the court supposed to be that of Associate Justice Anthony M. Kennedy? Instead, it's Chief Justice John Roberts who wrote yesterday's majority opinion upholding Obamacare, casting the fifth vote in the 5-to-4 decision.
Just about everyone in Washington was wrong about what the Supreme Court would do yesterday on the Obamacare case. Well, we were sort of right but in the end we were wrong.
Originalists will eventually recognize Chief Justice Robert's decision and opinion yesterday as a bit of judicial genius that will be his Marbury v. Madison --the case that at first glance seemed a win for an executive whom the then Chief Justice opposed but which was in reality a huge win for the Court and the original design of the Constitution.
It has traditionally been liberals, not conservatives, who have looked to the courts to implement their policy preferences. Whether it was racial and sex preferences, abortion, gay marriage, capital punishment or the "rights" of illegal aliens, liberals have attempted to move the country left by judicial fiat.
Why not just cut open a goat and be done with it?
I approve. Chief Justice John Roberts has written a cagey political decision upholding Obamacare in order to keep the court from being too politicized. That's a good thing.
Today, when the Supreme Court upheld the individual mandate as an exercise of the taxing power, Chief Justice Roberts’s political acumen and self-proclaimed “judicial minimalism” was on full display. During his confirmation hearing, Roberts famously described his view of justices as “umpires” who should “call balls and strikes.”
The Cato Institute's expert scholars on health care and the legal system discuss the shocking Supreme Court ruling in which John Roberts upheld Obamacare.
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.
The Hardball host wonders if the 5 conservatives on the court would have even backed desegregation in the Brown case.
A look at President Obama’s first term shows his repeated disregard for the Constitution that he has sworn to preserve, protect, and defend. Since taking office, Obama has betrayed contempt for our constitutional system of separation of powers.
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