John Roberts, Liberal Icon
The Chief Justice has a whole new set of friends: the left.
John Roberts “Hope” poster by Slate’s Dave Weigel.
Chief Justice John Roberts was the key factor in upholding the Affordable Care Act today, voting with liberal justices to uphold the law 5-4 — a fact that has enraged conservatives and endeared him to liberals who had long railed against a perceived activist Roberts court.
“Today I think we saw the original purpose of the founding fathers, to have the court interpret and not make laws,” said Andy Stern, the former president of the powerful Service Employees International Union who’s now a professor at Columbia. “I think it does smooth off some of the rough edges of the Roberts court.”
“It will clearly benefit the Chief Justice if he continues to isolate some of the more roguish members of the court like Justice Scalia,” Stern said, by “restoring people’s sense” of the legitimacy of the Supreme Court.
“I think Justice Roberts is a young man by Supreme Court standards and he’s going to live with the legacy of the court for a long time,” said Neera Tanden, president of the Center for American Progress. “I think he looked at the four justices willing to overturn this law, and saw that it would be an incredible power grab by the court.”
Tanden said she doesn’t believe Roberts was motivated by politics, but perhaps by his peers in the world of law.
“I think what this does is he will rise in the esteem of legal scholars—the weight of opinion from the legal community, from Supreme Court experts for the last two years has been that overturning mandate would be an incredible overreach,” Tanden said.
Jonathan Chait of New York magazine went farther: “John Roberts Saves Us All,” he titled his piece.
“Roberts peered into the abyss of a world in which he and his colleagues are little more than Senators with lifetime appointments, and he recoiled,” Chait wrote. “The long-term war over the shape of the state goes on, but the crisis of legitimacy has been averted. I have rarely felt so relieved.”
Roberts’ decision did have a strong conservative element—in ruling that the mandate was an allowable tax, he noted that he did not believe the Obama administration’s argument that the Commerce Clause itself was sufficient to impose the mandate, thus opening the door to future rulings against the federal government’s control of interstate commerce.
That piece of the story has been lost on conservative activists, many of whom have turned on Roberts.
Roberts is “a disappointment,” said conservative radio host Bryan Fischer, who plans to devote his entire show to the ACA today. “He is gong to go down in history as the justice that shredded the Constitution and turned it into a worthless piece of parchment.”
Liberals have “got to be loving him right now,” Fischer said.
Jenny Beth Martin of the Tea Party Patriots also said she was “disappointed” in Roberts.
“Historians are going to look back on today and equate it with Plessy vs. Ferguson and Dred Scott,” Martin said. “I think that right now today people feel betrayed by the majority of the court.”
What’s clear to all commenters is that their fundamental assumptions about the current Supreme Court need revising.
“I think that conservatives have been waiting for Justice Kennedy to leave the bench as the final victory lap in the Supreme Court, so that the conservative philosophy would be unstoppable,” Stern said. “I think clearly in this case, conservatives are going to have to rethink.”
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- tomo4 John Roberts, Liberal Icon and thinks it’s Ew
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meow101 10 months agoPeople are not realizing what Roberts did - he gave a green light to congress to “tax” middle class on everything and every way - to get 15 trillions of national debt.
Middle class and poor are hosed. Read “in your face IRS: zero taxes” ISBN 978-1477640456
and start cutting your taxes, otherwise we are doomed. -
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Rare Parrot 10 months agoHe’s had seizures that would leave him uninsured if he were out on the open market with an existing condition. My guess is he’s like most conservatives: lacking in empathy about things he’s not personally experienced. E.g. Dick Cheney and his lesbian daughter.
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Catphrey Bogart 10 months agoWell I don’t think we should go so far as to call him a “friend.” Maybe just no longer referring to him as “mortal enemy” would be a touch more accurate.
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- Sylvie thinks John Roberts, Liberal Icon is Win
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FedandBuzzed 10 months agoWhile the ACA is better than what we had before, I wouldn’t call it “leftist” legislation at all. Republicans were the champions of this sort of reform before an African-American Democrat with a Muslim-sounding name proposed it. (See also: aggressive waging of the “War on Terror.”) I’m rather surprised that Roberts took this kinda-centrist position, but that’s all it is. Centrist. A universal single-payer system would fit more with actual leftist positions.
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love freedom 10 months agoThe inmates are running the asylum. America is on its way down, and five legal scholars have helped to throw dirt on its grave. If Obama is defeated in November, Romney, et al, can still rework healthcare to include: young people up to 26 remaining on their parents’ insurance; coverage for pre-existing medical conditions; tort reform. All is not lost. We must get rid of Obama!
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nanonanonano 10 months agoPlease, only sheep are this reactionary. John Roberts is a right-winger, don’t get too cozy.
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