… and got publicly outed for it by outraged Supreme Court insiders:
Some of the conservatives, such as Justice Clarence Thomas, deliberately avoid news articles on the Court when issues are pending (and avoid some publications altogether, such as The New York Times). They’ve explained that they 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. As Chief Justice, he is keenly aware of his leadership role on the Court, 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. Leading politicians, including the President himself, had expressed confidence the mandate would be upheld.
How’s that upholding the prestige of the Court by making a craven, politically motivated, legally tortured ruling working out for you, Johnny Boy?
Public opinion of the Supreme Court has grown more negative since the highly publicized ruling on the president’s health care law was released. A growing number now believe that the high court is too liberal and that justices pursue their own agenda rather than acting impartially.
A week ago, 36% said the court was doing a good or an excellent job. That’s down to 33% today. However, the big change is a rise in negative perceptions. Today, 28% say the Supreme Court is doing a poor job. That’s up 11 points over the past week.
Unnamed sources with an ax to grind until proven otherwise.
Steve
Not really.
It confirms what analysts were already speculating based on the odd language in the various opinions.
He may or may not have switched his vote. This still does not tell us much about motive. That is pure speculation in this piece.
Steve
I think many Conservative mischaracterize this Decision, at least to some degree.
Roberts forged a liberal coalition and got it to go along with his attempt at gutting the Commerce Clause as a vehicle for further “social/economic justice.”
This was a brilliant, though probably cynical and nakedly partisan Decision. He effectively undermined the continued use of Commerce Clause for judicial activism AND he was able to re-frame the entire healthcare debate and renew it again!
Steve (God bless him) thinks that explaining that the “ACA tax” isn’t really all that big a burden and that it’ll help the poor at the expense of those who CAN pay, will help popularize it.
No such chance.
Here’s what’s happening, as the Democrats are celebrating, the GOP is already demonizing this as an “onerous tax on those earning less than $120K/year.”
And you know what?!
It DOESN’T MATTER at all, if they’re numbers are right or wrong. It’s the emotion, the outrage that will motivate the base and potentially sway many Independents who aren’t all that involved yet.
Roberts obviously saw this program as “wrong under Commerce,” BUT “right as a tax plan.” I don’t think those opposed have really thought about whether that’s true or not. I think he may be on firm ground there.
Moreover, his wry little dig toward the end of his summation, “It Is Not Our Job to Protect the People From the Consequences of Their Political Choices,” seems to make very clear that, at least to some extent, that his motives may have been both partisan and political.
Sometimes “being right isn’t nearly enough,” like when you cross WITH the traffic light and get mowed down by a drunk driver running that light. . .you’re “right,” but you’re still dead.
I think Justice Roberts is anticipating that the Democrats will be that kind of “dead right” come November.