Did Justice Roberts Bow to Pressure and Change His Vote on Obamacare?
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It is being reported that after oral arguments were finished back in March, Supreme Court Chief Justice John Roberts was planning to join with the other conservative justices in ruling that the individual mandate in Obamacare was unconstitutional. But something changed. According to Jan Crawford of CBS News, two sources with “specific knowledge” of the deliberations at the Supreme Court told her that at some point Roberts switched his position and decided to uphold Obamacare. Roberts decided to characterize the penalty for not complying with the individual mandate as a tax. This argument had been rejected by the lower courts and supporters of Obamacare had considered that argument to be essentially a legal “Hail Mary” with almost no chance of success. But this is how the legal system in America works. Judges decide what they want the result of a case to be, and then they try to figure out a way to justify it under the Constitution and under existing law. Often, judges will go through all sorts of mental gymnastics to get to the results that they want. Most Americans would be absolutely shocked if they truly realized what goes on behind closed doors in our legal system.
Chief Justice John Roberts did not wake up one day and suddenly realize that Obamacare was constitutional. Rather, he bowed to political pressure and then attempted to find some possible way to legally justify his new position.
Normally, Supreme Court deliberations are very secret. But in this case details of what happened have been leaked to the press. The following is what reporter reporter Jan Crawford recently told Face The Nation….
“I am told by two sources with specific knowledge of the court’s deliberations that Roberts initially sided with the conservatives in this case and was prepared to strike down…the individual mandate”
So exactly why did he change his mind?
Well, according to CBS News it had a lot more to do with politics and the media than it did with legal issues….
But Roberts pays attention to media coverage. As chief justice, he is keenly aware of his leadership role on the court, and he also is sensitive to how the court is perceived by the public.
There were countless news articles in May warning of damage to the court – and to Roberts’ reputation – if the court were to strike down the mandate. Leading politicians, including the president himself, had expressed confidence the mandate would be upheld.
Some even suggested that if Roberts struck down the mandate, it would prove he had been deceitful during his confirmation hearings, when he explained a philosophy of judicial restraint.
It was around this time that it also became clear to the conservative justices that Roberts was, as one put it, “wobbly,” the sources said.
When determining the outcome of a case, Supreme Court justices should be using the U.S. Constitution as their guide.
But instead, these days they let all kinds of other things influence their decisions.
There are also hints that John Roberts changed his vote in the way that the dissenting opinion is drafted.
The following is one of the clues in the dissenting opinion that was pointed out by the Volokh Conspiracy….
Notice also that his response to Roberts is tacked on at the end, rather than worked into the body of whatever he was writing (see page 64 of his dissent). For example, one would have expected Scalia to directly take on Roberts’ application of the Anti-Injunction Act, but his brief section on that act only mentions what “the Government” argues (see pages 26-28).
You can find more discussion on this right here.
Sadly, this Obamacare decision is just more evidence of the lack of respect for the U.S. Constitution in our legal system today.
In law school, I was taught that the U.S. Constitution is a “living, breathing document” that must evolve as society evolves. This sick philosophy is being taught in almost every law school in the United States. The idea is that our society is “growing” and “progressing” and that the elites of today know how to run things far better than the founding fathers of this country did.
When John Roberts was originally nominated to be a Supreme Court justice, I tried to warn people that his record clearly indicated that he was one of these “progressives” that did not have respect for the U.S. Constitution. I tried to warn people that he would be a horrible Supreme Court justice.
Unfortunately, at the time I did not have my websites and so my warnings did not go very far.
Now, it has become very apparent to everyone exactly what Chief Justice John Roberts is.
Sadly, law schools are producing hordes of new graduates just like him with each passing year. Our law schools do not have respect for the U.S. Constitution and they openly teach that it must “change” as society changes.
If we continue down this road, eventually the U.S. Constitution will be totally destroyed.
Nobody is going to rip it up or set it on fire, but it will be destroyed because all of the meaning will have been sucked out of it. People will still call it “the Constitution”, but we will not follow what it says.
If you still believe in the U.S. Constitution, then you need to stand up and be counted, because right now our Constitution is under attack like never before.
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11:08 am
No comments – - no proof. Reliable sources tell me just the opposite! You dumb asses! Nobody is going to accept speculation and Your OPINION, as FACT! Those days are over.
We have a new Law of the Land now; get used to it! Have a drink and get a grip.
11:45 am
Apparently you cannot see the forest for the trees, as so many of our courts today, they ignore evidence that isn't convenient, take off your 'Obama Glasses' and see the world for what it really is.
11:47 am
If you had any idea what the Constitution says you would know Roberts did not use that to guide his decision. You are the one needing to get a grip.
12:20 pm
his opinions make sense to me….
changing the constitution to meet your needs is bull sh t…..
12:27 pm
True about the heresay. But you miss the important truth about the article. The fact is that our constitution no longer exists. The spirit of the constitution has been so ignored, so diluted, so twisted, so legeslated and so ammended that it no longer has any meaning except as a historical curiosity. You say we have a new law of the land. The law of the land IS the constituion that the justices swore to uphold…you dumb ass!
12:29 pm
I agree with nothingbuttruth. In fact, to call every law school in the land teachers of a sick philosophy is an example of how biased and distorted this column is.
3:33 pm
You are going to need lots of DRINKS when a whole new bunch of taxes come down the highway to pay for this.To start you will see a heafty gas tax.That i can gurantee you.
3:50 pm
Yes, I agree…..no proof. Only conjecture. But, now I'm curious. What happened to the 'old' law of the land & what is the 'new Law of the Land?
5:38 pm
The truth is if you scratch my back I'll reward you later. I take it you have a strong belief that socialism is a great way of life and we should submit to whatever the government dictates? Well, that's what John Roberts did, he paid his debt backing a healthcare bill that 95% of Americans didn't want in the first place. So, Mr. Nothingbutruth, I'm glad you are happy with following an idiot and you enjoy whatever extened life you have left on "THE PLANTATION", or maybe your one of those who have been on it so long, you wouldn't know how to function without it.
11:18 am
There is no telling what kind of pressure was brought to bear on Roberts. You have an administration that told Gibson guitar to move off shore, or else. You have an administration that brought all kinds of pressure to bear on sheriff Arpaio for simply investigating the elgibility of Obama to run for president. Obama;s presidential directives have circumbented the congress, as if he were an elected dictator. Those who support Obama have not come to the realization as to how dangerous he is to our country, the constitution and the basic rights of Americans. I hope Democrats wake up before it is too late as it may be already.
7:04 pm
the silient majority we will soon be the silient minority
11:54 am
John Roberts rewrote the law. Is he a judge or a legislator?
7:20 am
@ Jeff Yunker – Roberts did not "rewrite the law," he confirmed it. If you recall, it was Congress that passed the law and Roberts acknowledged that.
12:03 pm
The proof is in the result and decision: upholding the law as constitutional.
12:26 pm
He is rightly suited to be Chief of the Supreme Court.
the best thing has happened, by his own wiords."Let the American people (representative Democracy) change Obamacare by voting him out of office, and relealing, in it'e entirety,
Thomas Buckingham
12:39 pm
Roberts did uphold a state's right to opt out of Medicaid and that the federal government can't compel states to compy with requirements for a system for which they opted out. This is significant because Medicaid is how the government intends to implement ObamaCare. If 38 states opt out, you have the makings of a Constitutional Amendment and already 26 states are on board with the idea of opting out.
1:54 pm
Up yours, you are an idiot — the U.S. Constitution is one the most brilliant documents ever written! You and the other " Leftist" should to an country and leave this one alone. You communist should be eliminated one at a time.
2:00 pm
Scalia and Kennedy are just as political as you will ever find, and in his 2 page response ( everyone else writing 60 pages or more), I have no idea why Clarence Thomas is there but to take up space! The argument goes on, but move forward, debate and improve where improvement is needed, but squabbling when you don't get your way is simply childish
2:12 pm
Just like a liberal showing their ignorance, posting nothing worthwhile to substantiate what they have to rant about. Can't even say it, without stating it with common courtesy!
Besides, TRUE American Patriots, DON'T GIVE UP TO INJUSTICE!!
2:45 pm
Just like a liberal showing their ignorance, posting nothing worthwhile to substantiate what they have to rant about. Can't even do it without stating it with common courtesy!
Besides, TRUE American Patriots, DON'T GIVE UP TO INJUSTICE!!
3:02 pm
Well Roberts needs to be tard and feathered and that really would be to good. How in Gods name could he not see the this was a out right infringement on our right to freedom of choice. He must have his head in the dark side of his back end.
Yes we must make the law of the land that the Supreme Court on hold office for 15 years and that they can be replaced by congress if they not upholding th constitution. After all the elected and appointed officials are working for us not them working for them.
Congress no longer that 2 terms.
Set rules for Executive orders. Not giving the President free hand or when he signs one be approved by congress.
Time to us as American to start running our country and get this Socialism the hell out of her, Remember the Pilgrims try it and went to the free market system. They soon found out that the system didn't work because there were too many free loader and draind the coffers.
Now America wake up and get this a**hole out of the Oval Office and his feet off our desk.
Send him to Cuba and see how there form of freedom works.
By By Or as Arnold would say Hosta la vista Baby.
3:11 pm
Incredible to find so many unthinking, repressive, self-centered and uninformed folk using the web to posit
right-wing political ideas as "good" for all Americans. Don't thing this author has any hope of "getting a grip"
unless he has several very strong drinks and learns to think with logical discipline and a view of history
based in reality. Thank goodness for some improvements to our terrible health care system – may we
all eventually get to Medicare for everyone.
7:09 am
Sweetheart, if you think our healthcare is bad now wait until the government takes over! It will be worse than Canada's and britains. You would appear to be the ignorant one!
9:42 am
Really????!!!!! And *who* exactly is supposed to PAY for this "Medicare for everyone"?????
9:12 am
Medicare does not belong to everyone Ms Wood. Medicare is paid for throughout the working lifetime of the recipient, along with their SSI and taxes. MediCAL or MediCAID are what you are referring to, and both of those amount to welfare, government provided, taxpayer funded. MediCARE should go to those who paid for it, period. In fact, medicare funds were moved into the General Fund by the democrats way back under the guidance of Lyndon Johnson. The democratic Congress at that time were short on money (as usual) and there was an abundance in the SS fund (which included mediCARE). That money, when SS was setup, was not to be touched by anyone for any reason, it belonged to the people who had it deducted from their paycheck. When Congress voted to move that money into the governments' general fund, it was an illegal vote they had no right to do, but they did it, and no one objected. That is how the SS fund went broke, it is full of IOUs which are currently worthless. That is also how dems and libs came under the illusion that SS and medicare are government "handouts". Know about medicare before you mistake it for welfare. ONLY those who actually worked are actually entitled to medicare.
3:26 pm
In law school, I was taught that the U.S. Constitution is a “living, breathing document” that must evolve as society evolves.
I'm glad somebody had the courage to say that the liberal Universities are turning out more and more Liberals who believe it is their right and God-given duty to "manage" the rest of us "for our own good" as if we were toddlers resisting going down for a much-needed nap.
I, for one, believe that the framers of the Constitution knew exactly what they were doing — designing a Government without so much power that the individual was powerless against it. Little by little, Government has grown, usurping rights which the Constitution clearly states belong to the States or to individuals.
1:11 am
Except that they established an amendment process so that as the country changed over time, this "fixed document" can be modified.
The States Rights Screed was "debated" during the Civil War, and your side lost….
Get a grip.
3:35 pm
WE have a new tax to generate money for Obama to spend and controls to harass Americans.Getting to sound like Cuba every day.
3:46 pm
Its amazing how relentless and remorseless you conservatives can be. You continue to attack and attack until you bring your opponent down. There is nothing that Barack Obama had done in the last 4 years that is good. Yet this president brought America back from the brink of financial disaster. He saved the auto industry and provided a policy response that ensured that poor and middle class people are still occupying their homes today. He ended American adventurism in Iraq . He is also responsible for withdrawing American soldiers from Afganistan against all conservative urging saving America trillions of dollars. This so called Obamacare was a flagship medicare policy of Mit Romney when he was a governor. Now the Supreme Court has ruled it Constitutional and what have you done attack the Supreme Court Chief Justice. MUST THE WORLD BE RUN ACCORDING TO CONSERVATIVE IDEOLOGY. I bet you will not publish my comments but you know it wont surprise me nor peel a skin off my nose.
10:50 am
I am a 30+ year Democrat and even I can see that Obama is a train wreck. He is an amateur trying to do the job of a professional. I only hope that our country can survive without a world war until he is voted out of office.____Obama: Wa, Wa, Bush is so powerful I have to live in his shadow. I can't do anything to improve our country, Bush is everywhere. It is Bush not me that will implement 22 more taxes on the American public because of Obamacare. It is the ATM's and private jets that has caused our economic demise. I had a complete Democratic congress for two years, but because Bush is so powerful, I couldn't pass a budget. It is Bush's fault I continue to spend, spend on vacations, and trips for my daughter to Mexico, and my wife and her friends to Europe. I just love dumb Americans.
3:47 pm
You can say "have a drink" again, because the only values our generation have anymore are get drunk and be loyal only to yourself.
4:04 pm
this roberts is a communist acting as a liberal.thats the way the socialists do it.they hide out in their socialist cacoon then,break out of it,and "shazam"they're a liberal.just like obama,hiding out in indochina,and sufaces
in chicago.all of his commies were grooming him for a long time,they're delibertly trying to ruin America..they'll find out what Americans are made of,and get rid of these cancerous morons
4:11 pm
What is the problem in posting comments? Nothing after several hours. If you don't want them, do away with this site! I will wait til later to see if you have posted mine. Wed. I will cancel subscription!
7:16 pm
this is my first time waiting to hear the answer you get hope its free expression on this site i made a remark before myself
4:15 pm
Have a drink and get a grip. Sounds like T. Boone Pickens when he said 'if a woman is going to get raped and she knows it then the best thing she could do now is to relax and enjoy it.'
At the end of the day all that matters is the end result. Just curious, Mr. ALL CAPS and Mr. !!!!!, what business are ypu in anyway? And I thought the comments were reasonable and factual. Not sure why you have your little panties all wound up tight there. Aren't those days, all, over?
1:14 am
That was not T. Boone who said that… it was Ross Perot… and it cost him dearly in the general election…Please try to research your historical anecdotes a little more accurately.
4:26 pm
Repeal & Replace
Get used to that !!!!
4:27 pm
thjs is noyhing new in the country i served it is real clear to many of us our elected official do not care to listen to our needs i think its call greed . they will spend billions of dollors to run for office and be puppets for big money when citizens loss thier homes and more .i fill bad for the vets coming home to loss all and be directed by gov. in what buy etc.
4:49 pm
Roberts had no choice ! Moosschele was goig to sit on his head and Smufficate him if he went against the Great Leader Osambo LOL
4:59 pm
Roberts' ultimate position affirms the mandate's constitutionality because the PENALTY is IMPLEMENTED as a Federal Tax and enforced by the IRS. This writer is complaining because he doesn't like the conclusion, pure and simple, and his complaints ignore the salient facts.
11:32 pm
Roberts voted with the liberals because he thought it would "uphold the dignity of the court" since the health care debacle was supposedly passed by the majority in congress and signed by the so-called president. Just like a dog licking the feet of his master…Of course, it didn't work. What he actually did was ruin whatever dignity the Court had. Just as the news paper writers, who have ruined whatever status they once had as truthful, hardworking people who always reported the factual news and not whatever the big guys with money, like Soros, paid them to., Roberts did the same thing for the Supreme Court…He aided the Liberally appointed Judges in destroying any ethics and dignity the SCourt may have had. Who will ever have in faith in the Supreme Court rulings from now on??? Only the brainwashed…..
8:19 am
We're the fuel tax capital of Europe: British motorists pay up to 60% duty and VAT on petrol – the highest figure in the EU.This will happen in the USA
Read more: http://www.dailymail.co.uk/news/article-2107374/F…
9:16 am
The only value the Constitution has is that it would make great paper for rolling up a spliff with quality smoke from California. Otherwise, it was rendered garbage a long time ago when we decided to start invading everyone around us. Now we have a "conservative" presidential candidate that says he can attack Iran if he likes without the consent of congress which is an act of war which needs the consent of Congress if you read the Constitution. But of course, the War Powers Act changed all that so now we have a President with royal powers to create war anywhere in the world for 30 days without explaining why. The Constitution died a long time ago. Make use of the carcass….roll it up and smoke it. You'll finally get some good out of it…..
11:07 am
Think for just a minute…Obama now has to explain and sell his "new tax" that he promised would not be placed on anyone making under $250,000. Remember this line?…"Read my lips, no new taxes"? That was #41;George H.W.Bush. He was not re-elected. John Roberts may have have done away with Obama by mobilizing the conservative voter. Obamacare? If Obama is not re-elected, look for a majority in both houses of Congress. If good people will vote, bad politicians won't wind up in office! The 435 that represent us in Washington , is only a reflection of the majority of voters who put them there.
2:04 pm
What a lot of you are MISSING is this: The Court overstepped its bounds by INVENTING a reason to uphold this law. The Administration NEVER argued that the mandate was a TAX … EVER … because the last thing they wanted was to finally have to admit that this bill has at least 21 fines/penalties in it, which are NOW called TAXES! Do you get it yet? Roberts decision had NOTHING to do with the ACTUAL ARGUMENT presented to it. That's called LEGISLATING FROM THE BENCH, and that's EXACTLY what he did — SHAME on him. The LAST thing we need in ANY court is a judge who MAKES UP his own theory in a case where it was never PRESENTED. It was a BLACK day in the history of the U.S., no matter whether you're LIBERAL OR CONSERVATIVE.
2:10 pm
The "salient" facts are these: He has NOW handed the GOVERNMENT the most broad and sweeping POWER imaginable — the power to MANDATE you to do anything and everything OR face the fury of the IRS. .
2:28 pm
So Roberts is really a liberal in disguise. The only recourse is to get rid of Obama and give the
conservatives control of both the house AND the senate. If this doesn't happen – our freedoms that were
fought and died for are basically gone—
5:32 pm
My, my. U people have ur head up ur asses. The court decided that the bill was unconstitutional as relates to the commerce clause and the necessary and proper clause. Don't u see the implications of this for the good for the limited government crowd? Thank God for Justice Roberts.
7:16 am
All three branches of US government are corrupted. 100% corrupted. America is DOOMED!!! Time for the Mexicans to take over the US in 20 years.
7:18 am
Could he be doing a little boy somewhere and the Obama people found out and used it to blackmail him???
9:08 am
Very interesting and concern of the entry, any more such.