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Posted on 07/01/2012 12:16:38 PM PDT by kristinn
Chief Justice John Roberts initially sided with the Supreme Court's four conservative justices to strike down the heart of President Obama's health care reform law, the Affordable Care Act, but later changed his position and formed an alliance with liberals to uphold the bulk of the law, according to two sources with specific knowledge of the deliberations.
Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the effort to try to bring Roberts back to the fold....
But in this closely-watched case, word of Roberts' unusual shift has spread widely within the Court, and is known among law clerks, chambers' aides and secretaries. It also has stirred the ire of the conservative justices, who believed Roberts was standing with them.
After the historic oral arguments in March, the two knowledgeable sources said, Roberts and the four conservatives were poised to strike down at least the individual mandate. There were other issues being argued - severability and the Medicaid extension - but the mandate was the ballgame.
SNIP
It is not known why Roberts changed his view on the mandate and decided to uphold the law. At least one conservative justice tried to get him to explain it, but was unsatisfied with the response, according to a source with knowledge of the conversation.
SNIP
Roberts then engaged in his own lobbying effort - trying to persuade at least Justice Kennedy to join his decision so the Court would appear more united in the case. There was a fair amount of give-and-take with Kennedy and other justices, the sources said. One justice, a source said, described it as "arm-twisting."
(Excerpt) Read more at cbsnews.com ...
And you know what? As much as i detest that lifestyle, if he confessed his past and revealed that the dark side was attempting to blackmail him,, he could have been a national hero.
F what it does to his reputation, thousands of good soldiers have died and been maimed while he has had his life on the Federal bench. It was his turn to give as much as they have.
Is that speculation or is that something that is known? If known, how is it known?
This means the liberals have a 5-4 majority no matter what.
Ginsburg/Breyer/Sotomayor/Kagan = liberal on everything
Roberts = Liberal on fiscal issues
Kennedy = Liberal on social issues
We’re screwed unless we replace some of these.
We all talked a along time about the end of America....we are there...all that is left as is hollowed out false veneer of the old to hide the new ruling power system
The courts rules as it is told from "above"
Bingo, we have a winner.
“Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the effort to try to bring Roberts back to the fold....”
More than ironic; unfathomable! Incongruous!
That is what I was thinking. He seems to have gone way out of his way to make it look weird, as if to signal something or other and ot get a lot of attention. All the other options you suggest would have been way more low key to reach various goals people have been suggesting.
Not at all. Kennedy is a libertarian. I was pretty certain he’d at least strike down the mandate.
“The dissent is unsigned because Roberts wrote it - it was originally to be his majority opinion. When he switched sides, the conservatives left most of it in place and didn’t sign their names to it to give a clue that it was originally his opinion.”
Bada bing* Exactly
“The dissent is unsigned because Roberts wrote it - it was originally to be his majority opinion. When he switched sides, the conservatives left most of it in place and didn’t sign their names to it to give a clue that it was originally his opinion.”
Bada bing* Exactly
Think...what would the outcome have been if the judge had said: "Jesus go! You are free, there is NO evidence against you!" IIRC Roberts attends Mass regularly. If we are truly looking into what influenced him, look in the Bible not to threats or bribes.
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SO, he wrote both opinions.
it also free the senate from the 60 person requirment to repeal.
it only takes 50 senators and a VP to repeal the ObamaTAX.
F what it does to his reputation, thousands of good soldiers have died and been maimed while he has had his life on the Federal bench. It was his turn to give as much as they have.
Well said brother, well said.
Very fitting that Roberts would write the ruling AND the dissent. Its right in line with “its a tax and not a tax, and, its a law and not a law.”
“The dissent is unsigned because Roberts wrote it - it was originally to be his majority opinion. When he switched sides, the conservatives left most of it in place and didn’t sign their names to it to give a clue that it was originally his opinion.”
Bada bing* Exactly
“The dissent is unsigned because Roberts wrote it - it was originally to be his majority opinion. When he switched sides, the conservatives left most of it in place and didn’t sign their names to it to give a clue that it was originally his opinion.”
Bada bing* Exactly
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