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Roberts’s Switched Obamacare Vote: A Judicial CYA Maneuver

July 2, 2012
Ezra Dulis, Breitbart News

When Barack Obama began an odd PR campaign against the Supreme Court following the oral arguments in NFIB v. Sebelius, my colleague Ben Shapiro speculated that the President may have hoped for Justice Anthony Kennedy to change his vote, as he had done several times in the 1990s. However, according to a report by CBS’s Jan Crawford, it was in fact Chief Justice John Roberts who switched his vote and upheld the Affordable Care Act as constitutional.

Much has been written criticizing the tortured logic of Roberts’s majority opinion, and as the opinion is examined more closely, legal analysts will likely find even more to hate. But for those like me who are not lawyers and have only a layman’s understanding of the decision, one simple, damning fact stands out: Chief Justice Roberts interpreted a law that does not exist to justify one that does.

Roberts upheld the ACA based on the premise that what Congress had not designated a tax was a tax. When U.S. Attorney Anthony Verrilli referred to the individual mandate as a tax during the case’s oral arguments, Justice Kagan responded, “aren’t you trying to rewrite the statute, in a way?” And that’s exactly what Roberts did and Kagan voted for.

And now… the rest of the story. …..

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