CJ Roberts catches a lot of criticism from the Freep crowd, but I can’t buy the theories that he’s a closet fluffer or that he’s being blackmailed.
His basic theory seems to be a few things: One, if it’s a state issue, he’s going to throw it back to the states. Two, if it’s a congress issue, he’s going to throw it back to Congress (hence his ruling that OCare is a tax that Congress will have to address). Three, if there’s precedent, he’s going to see if precedent takes precedence in a case. Four, if a case comes to the doorstep of SCOTUS for perusal, he determines whether it’s got legs or not.
Has he actively legislated new law or swung to the left? Not really. And his rulings tend to be narrow, not sweeping, allowing for future hearings on cases in order to create clarity.