Jul

1

"Roberts Switched Views to Uphold Health Care Law"

This is highly unusual, especially so soon after the decision. (Since CBS requires two sources, it must have come from two of the Justices or their clerks.)

IMHO one thing this case demonstrates is the excess power and prestige of the Supreme Court. The Justices are treated as almost rock stars by the NYTimes set. In fact, they are old and isolated in their Washington environment, with little feel for the country as a whole (they do not "ride circuit" getting around the country as the original SC Justices did) or use of modern technology by which their isolated thinking could be vetted before being imposed on 300 million of us.

Compare highly sophisticated and expert legal blogs or even the dailyspec where a decision such as Roberts' (relying on a tax argument that legal experts have been able to immediately demolish), while ineffectively trying to establish the principle that the Commerce Clause has teeth for the future, would have been denounced as nonsensical or even downright stupid.


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