Friday, June 29, 2012

Chief Justice Roberts Switched His Vote in NFIB v. Sebelius

Astute Bloggers has the dramatic entry, "WHY DID ROBERTS SWITCH HIS VOTE, WAS HE THREATENED?" Or, phrasing that differently, "DID OBAMA'S CHICAGO HENCHMEN THREATEN TO KILL JOHN ROBERTS' FAMILY?"

And I don't know, but the pressure was on. Even the Wall Street Journal comments:
One telling note is that the dissent refers repeatedly to "Justice Ginsburg's dissent" and "the dissent" on the mandate, but of course they should be referring to Ruth Bader Ginsburg's concurrence. This wording and other sources suggest that there was originally a 5-4 majority striking down at least part of ObamaCare, but then the Chief Justice changed his mind.

The Justices may never confirm this informed speculation. But if it is true, this is far more damaging to the Court's institutional integrity that the Chief Justice is known to revere than any ruling against ObamaCare. The political class and legal left conducted an extraordinary campaign to define such a decision as partisan and illegitimate. If the Chief Justice capitulated to this pressure, it shows the Court can be intimidated and swayed from its constitutional duties. If this was a play to compete with John Marshall's legacy, the result is closer to William Brennan's.
More at Memeorandum.

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