Roberts will not change.
Roberts view of being a Conservative SC Justice is that of a minimalist. His vote on the ACA basically telegraphed his view that it Congresses role not the Supreme Court’s role to decide on the fate of the ACA.
So the SC will likely force Congress to deal with the issue just in time for the 2016 election. Does anyone seriously think the Congress Critters will tell millions of folks on the subsidies, and the big insurance companies making big profits from those subsidies, that Congress is going to take away those subsidies in an election year?
You are likely to be right. Hoping for change...for C.J. Roberts
RE: His vote on the ACA basically telegraphed his view that it Congresses role not the Supreme Courts role to decide on the fate of the ACA.
If this is so, then the right decision would have been to in effect say this :
“The law as written now, PENALIZES people who do not purchase healthcare. That is a violation of the constitution. However, if it were written as a tax, then Congress can tax people for not purchasing healthcare. But since as written, it IS NOT a TAX but a PENALTY, it is UNCONSTITUTIONAL”.
In this way, he could have thrown the law back to Congress to rewrite.
Instead, he RE-IMAGINED what was CLEARLY a PENALTY into a TAX, in effect, rewriting the law himself.
If you are right about Roberts, then he should rule that the subsidies are illegal. Congress already, in fact, DID tell people that they would not get any subsidies if their state did not participate in Obamacare — that’s what the law actually says. If Roberts truly is a minimalist and won’t vote against the intent of Congress, then he will vote that the subsidies are not legal; that’s what’s in the law that Congress actually passed.