Re: Did OBY and DEMs bully Roberts?
Here's someone who thinks Roberts changed his mind late in the game and he says the dissenting opinion starts out reading like the original majority opinion and then changed.
But I don't think so now. I just read this. He said when he became chief justice his legacy would be to make the court bi-partisan and he has. He said all the previous chiefs got caught up in the polarization of the vote and voted the party line. He voted with the liberals before on other issues and now in the most important one
in history. I said months ago I was worried about Kennedy and Roberts but Roberts was the wild card.
He was more concerned about his legacy than the constitution - a real blow to constitutionalists. As this guy says, this is the first time the bench levied taxes on the people and it's the biggest tax we've ever seen.
How could both pop Bush and his son be so stupid to appoint judges
thinking they were conservatives when they weren't. Hell, Souter even voted for Gore in the Bush v Gore recount decision.
Roberts legacy in the end could bite him in the ass because he politicized the decision by putting it back in the campaign arena
after saying he didn't want the court's decision to be politicized.
I too have heard the many theories behind Roberts' opinion. The one I tend to side with is that it was a late in the game switch. One expert on reading into Supreme Court rulings opined yesterday that the dissenting opinion (by Kennedy I think) reads like it was at one point written to be the majority opinion. It would also explain the very weak reach of the majority opinion regarding the penalty/tax. I heard one commentator make a very important point this morning. Activist judges and legislating from the bench are certainly deplorable actions - but we've seen it before and we'll see it again. However, yesterday's ruling was the first time that a tax has been legislated and levied from the bench upon the people. Excellent point - and a very, very bad and scary precedent.
Last edited by AirFlacco; 06-29-2012 at 10:01 AM.
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