I am uploading my podcast about Roberts and his indefensible vote today. Some have suggested he was interested in judicial restraint, or that he is concerned that the SCOTUS not look extreme, or partisan to America. Me? I think he had a job to do, and he failed. Some might say he is still a ” strict constructionist” sorry, I do not see how anyone believes that. What he did was to change, or re-write the Obamacare bill, changing the mandate, which even he said was not covered under the Commerce Clause into a tax, which is within the power of Congress. Is there a clearer case of judicial activism than that?
While Justices Kennedy, Scalia, Alito and Thomas voted with the constitution, Roberts voted against it! Sorry, again there is no other way to put it. These justices have one job to do, to uphold, or strike down laws, or portions of laws, as those laws are written. Roberts went well beyond his duties here. He actually chose to re-write the law, so he could uphold it it would seem. Now, a precedent has been set. Congress may now make us buy anything, as long as they call it a tax, and not a mandate! More here in my podcast, click the pic to listen