Report: Sources say Roberts switched vote in healthcare case

[rocktivity]

21. Over the next six weeks, as Roberts began to craft the decision striking down the mandate,

Last edited Tue Aug 21, 2012, 10:52 PM - Edit history (2)

the external pressure began to grow.

...The inner workings of the Supreme Court are almost impossible to penetrate. The Court's private conferences, when the justices discuss cases and cast their initial votes, include only the nine members...and their law clerks must agree to keep matters completely confidential. But in this closely-watched case, word of Roberts' unusual shift has spread widely within the Court...among law clerks, chambers aides and secretaries. It also has stirred the ire of the conservative justices...

In the Court's private conference immediately after the arguments, (Roberts) was aligned with the four conservatives to strike down the mandate. The other four conservatives believed that the mandate could not be lopped off from the rest of the law and that, since one key part was unconstitutional, the entire law must be struck down...

Some of the conservatives, such as Justice Clarence Thomas, deliberately avoid news articles on the Court when issues are pending...(T)hey don't want to be influenced by outside opinion or feel pressure from outlets that are perceived as liberal. But Roberts pays attention to media coverage...and he also is sensitive to how the Court is perceived by the public.

There were countless news articles in May warning of damage to the Court - and to Roberts' reputation - if the Court were to strike down the mandate.

Well, if that's the case (if you'll pardon the expression), how was CBS able to get this story, especially if they've been getting leaks for six weeks? If their sources weren't the "law clerks, chamber's aides and secretaries," it must have been the conservative judges themselves, as part of their "external pressure" program -- via the conservative media!


rocktivity