John Roberts Health Care Decision: Supreme Court Chief Justice Switched Sides, Sources Say

[Soylent Brice]

Source: HUFFINGTON POST

Fresh evidence has surfaced regarding suspicions that Supreme Court Chief Justice John Roberts switched his vote on health care reform.

CBS News reports that Roberts initially sided with the court's four conservative members to overturn President Barack Obama's individual mandate. After changing his mind, Roberts fended off a month of efforts to sway him back to the other side, headed by Justice Anthony Kennedy.

"He was relentless," a source told CBS regarding Kennedy's push. "He was very engaged in this."

In addition to private jostling within the Supreme Court, it appears that the public spotlight was a factor. The CBS report points to how Roberts pays attention to media coverage. With his court's reputation on the line, one source suggested that the chief justice became "wobbly" in the eyes of his conservative counterparts.

Read more: http://www.huffingtonpost.com/2012/07/01/john-roberts-health-care-decision-supreme-court-chief-justice_n_1641481.html

[budkin]

1. I don't care why he did it... he did it.

[Scairp]

28. I care

These people are not supposed to be politicians. They are not elected and as far as I know there is only one side, and that is the Constitution of the United States. It's insane this nonsense is going on inside the highest court in the land.

[customerserviceguy]

32. You'll care in November

when you see all the votes Romney picks up because of this.

It's pretty clear to me that this was just a tactic on the part of Roberts to sway the election this fall. I cannot find a single other reason for him to do it, given everything we know about his history.

[HERVEPA]

35. Strongly disagree

I believe this will help Obama, not Romney.

[liberalmike27]

39. I don't think so either

I doubt it swayed anybody at all.

I know at least 3 of the SC judges don't care at all, but maybe Roberts actually has a modicum of care about the fact that repealing the law would actually result in death sentences for poor people, who don't have care, for people who have been kicked off of insurance when they needed it, but could no longer afford to pay outrageous premiums, and for those who have had claims rejected for onerous legal reasons.

My only problem with health care reform is that they didn't purge the cancer of insurance companies completely from the process, as they are truly leeches, sucking much-needed blood from the system, useless organizations for the purpose of profit only. Insurance is the worst system of emergency management for the Commons. We should take a look at ridding all forms of insurance, as the profit motive makes them all fantastically expensive.

[amerciti001]

47. In time, my friend...

Its only a matter of time, that we will rid ourselves of this insane system of Insurance Companies(i.e., Insurance Corporations), that is only interested in the "profit" motive. Only a matter of time when sensible minds will finally realize that "health profits" is not in this Country's best interest any longer and that it's the Government's duty to provide for its citizens as a vital service for it citizens. Only a matter of time when the "public option" will make sense as you have stated, "the profit motive makes them all fastastically "expensive"", not to mention the least effective way in caring for people health.
Its just a matter of time before we will finally cure this -Cancer- of for profit Insurance Corporations.

[kenfrequed]

48. This is possible

I think Roberts realized that if it was repealed the issue would be 'Healthcare' but since it stood up the issue can be 'Obamacare' instead. This decision frees republicans to just run against 'Obamacare' without having to put forth any ideas of their own.

I do not know if this is the reason Roberts did as he did. But it certainly will be one of the outcomes.

[blm]

2. Heheh...like I said, the vanity of his 'legacy' would be one reason, but, more important is

that he is loyal to TeamBush. TeamBush is as sincere in their support for GOP nominee in 2012 as TeamClinton was to the Dem nominee in 2004.

[bluestateguy]

3. Uh, yeah.

I'm going to need names of people who will go on the record before taking that claim seriously.

Stupid mousey reporters trying to advance their careers.

[rocktivity]

36. Keep in mind that the "names of the people" who leaked this story

just might be Scalia, Thomas, Kennedy, or Alito.


rocktivity

[Life Long Dem]

4. No matter how he got there

he came to the right decision. Doesn't matter how one gets to a decision. Sounds like a bunch of shit anyway. Typical of Huffpost.

[aquart]

5. Please let them hate each other's guts forever. Please please please.

Anthony Kennedy, treasonous member of the Filthy Five. Participated in the bloodless coup of 2000 and got away with it.

May the evil he does come back to him, from every place it has gone, from everyone it has harmed.

[BlueMTexpat]

30. Amen. eom

[nineteen50]

6. Never met a corporatist that could pass up a table already set with pork.

[McCamy Taylor]

7. Good for Roberts. Maybe when Obama is re-elected some of the right wingers will quit.

[Auntie Bush]

45. Fat chance!

They will never leave with Obama as president who will replace them with moderates or liberals...no way!

[Tx4obama]

8. The four page article at CBS News is a good one to read too, link below

Here: http://www.cbsnews.com/8301-3460_162-57464549/roberts-switched-views-to-uphold-health-care-law/

[Arctic Dave]

9. Even if this isn't true, I would keep saying it.

I would go as far as to say that Roberts was a plant all along and the repugs were duped. I would even up the ante and start the, "no true conserative would have voted for him", meme. Divide and conquer as much as possible.

Viola, let the circular firing squad begin. Sit back, eat popcorn.

This a lot of potential as to divide the nuts, I hope they don't squander it.

[NorthCarolina]

10. If the GOP can't run on full repeal of 'ObamaCare', then they got nothing, goose egg, nada.

I believe the conservative court intentionally refrained from taking their singular campaign issue away from them. The "outrage" and "surprise" currently being staged by the right, ie Fox, is all just for show; public consumption for their neanderthal base.

[johnfunk]

11. This, as it turns out, is a HUEUEUGE story -- I suggest...

... you not only check out the CBS article cited by Tx4Obama, but this analytical article at ThinkProgress.org.

Bottom lines:

1. The Supremos' "Fat Tony Caucus" is none too happy with Chief Justice Benedict Arnold;
2. the Supremos have sprung a leak;
3. someone decided to squeal not only to George Fwill but to to a Federalist-Society-friendly member of the CBS "liberal media";
4. it's probably a good time to invest in popcorn futures, because judging from the right-wing ranting and pearl-clutching, this isn't over by a long shot.

[SunSeeker]

12. Yes, I can't recall any similar leak of behind-the-scenes intrigue at SCOTUS in decades.

Also, it is very disappointing about Kennedy being Fat Tony's enforcer. The opinion should have been 6-3. I think the rumors of Kennedy suffering from early alzheimer's might be true. But even more interesting, and no one has mentioned this, but one of the reasons Obama put Kagan on the Court is for her consensus-building powers. I wouldn't be surprised if she had a hand in bringing Roberts over from the dark side.

[alcibiades_mystery]

19. We should be happy to welcome John Roberts over as the next Souter

To be burned twice in a generation would probably be too much for the conservo-morons to bear.

[Spitfire of ATJ]

13. Can't you see the steam shooting out of Right Winger's ears over this?

[img][/img]

[Skittles]

18. absolutely loving it

[Iliyah]

14. Bottom line in history at least for this issue is

he was on the "right" side.

I haven't read the dissent writings of ACA but what I hear, its chilling. Now you have the far right arming for a take back of the government. Sound like what happened re: Civil War. The Civil War patriots were well armed and well endowed and spouting their GAWD.

Nevertheless, Pres O and his admin. is fully aware of this.

[Mz Pip]

15. Who knows?

I suspect this is just one of the many speculations and theories as to why this happened.

Maybe it signals an ever so slight shift to the left though after Citizens United it will take a lot more the just upholding ACA for me to feel much confidence in SCOTUS.

[EFerrari]

16. Roberts is afraid his corrupt right wing joke court might be known as a

corrupt right wing joke.

[Skittles]

17. ONE OF THOSE OTHER FUCKWADS ROYALLY PISSED HIM OFF

yes INDEED

[rocktivity]

20. "Sources Say"? What sources? Supreme Court clerks? Support staff?

Last edited Sun Jul 1, 2012, 10:52 PM - Edit history (1)

Or maybe one of the four blackmailing sore losing justices themselves?


rocktivity

[Rowdyboy]

23. I'd like the answer to that question too...I really can't believe its a clerk or support staff....

An entire career could be lost for doing something like that. I agree with your speculation about the "four blackmailing sore losing justices". This came straight from the top-probably Scalia.

[lovuian]

21. Roberts was a Human Being and not a Bobble head like the rest

of them
God love him!

[Flatulo]

22. I'll take it any way I can get it. nt

[humblebum]

24. Could he really have honestly done anything else?

Congress has the right to collect taxes from any source they choose and they have the power to control interstate commerce.

[JDPriestly]

26. Right. Humblebum.

[SlimJimmy]

34. The court struck down the commerce argument.

[humblebum]

44. I said "honestly" done anything else. Regardless of how they ruled, the Constitution

still says what it says. Politics does play a huge part in their decisions at times, and it should not. Granted, there exists an element of planned equivocation in the language of the Constitution, and for good reason. However, some things are plainly spelled out. The power to collect taxes from any source is one of those things.

[Beartracks]

49. But it's not a tax. As I understand it...

... the ACA penalty is allowed to be collected by the IRS under the government's taxing authority, like the penalties assessed when your taxes are late -- they are not themselves taxes, but are allowed under the taxing authority and are collected by the IRS.

=====================

[humblebum]

50. If I understand it correctly, the Court ruled that it was legit under the taxing

power of the Congress. A tax by any other name is still a tax.

[SlimJimmy]

51. Correct. That's why we discussed the striking down of the commerce clause argument a few posts ago.

[JDPriestly]

25. Roberts broke ranks because the bill's mandate is an exercise of Congress'

tax and spend authority. It's clearly one of the enumerated powers of Congress, and Roberts recognized that fact.

I think the fact that he has children of his own and knows how out of bounds health care costs are at this time may have made his decision easier.

[still_one]

27. Huffington post is a gossip rag. They also headlined that Obama is losing young people's support

There is not a day that goes by where they do not spread an unsubstantiated article that is either negative against Obama or negative against his policy

[closeupready]

41. Yes. Republican Arianna has always bashed Obama, 24/7.

That's hyperbole, but I noticed she did that constantly from the time he took office.

[JohnnyRingo]

29. I'll bet it was Thomas.

Anyone who agrees with what he says has to re-evaluate their sense of judgment.
I imagine he made some really stupid point that turned the Chief Justice around.

[Fearless]

31. I call BS...

If he cared so much about legacy and image try to explain Citizen's United.

[Roland99]

37. +1

the only image he cares about is how his portfolio looks after it's stuff with corporate dollars.

[Javaman]

38. +1

I agree. I would love to see CBS's "proof".

this is nothing but red meat for the right wing mouth breathers and other morons who need some sort of justification as to why they lost. (ironically, most of the right wing mouth breathers actually won with this decision but we all know they always vote against their own best interests to begin with)

This is the new talking point.

My feeling is, sure let them impeach Roberts, when Obama gets his second term, he will appoint the new chief justice.

Now wouldn't that be sweet irony. LOL

[davidpdx]

33. I hope Jeffery Toobin writes a book about this sometime in the future

It could be an interesting thing to investigate down the road.

[rocktivity]

40. Roberts didn't switch ANYTHING

He agreed with the conservatives that ACA's mandate was unconstitutional, but he was NEVER against striking down the entire thing -- THAT'S what the conservatives were trying to get him to "change his mind" about!

In addition to voting to uphold the rest of ACA, Roberts upheld its mandate by redefining it as a tax. He never "changed his mind" about the mandate -- as far as he was concerned, there was no such thing!


rocktivity

[KansDem]

42. So you can lobby Supreme Court justices?

After changing his mind, Roberts fended off a month of efforts to sway him back to the other side, headed by Justice Anthony Kennedy.

I thought Supreme Court justices were beyond reproach. Makes me wonder how often big bucks are used to buy decisions...

[BREMPRO]

43. when Roberts endures the relentless irrational hatred and vitrial directed against him by the RW

and observes more closely and personally the radical nature of the modern conservative movement- maybe it will dawn on him he's not with them at all...a moderate in fact, and shift his allegiance more often!

[Auntie Bush]

46. That's kind of what I was thinking.

After he got a dose of right wing HATE...he decided they were a bunch of evil, lying TRASH and he'll become more moderate in the future. At least that's my hope! After what they have done to him I don't see how it couldn't have effected him and made him see the light.