Roberts Switched His Vote in May

OUT: Arguing your case in court. IN: Lobbying Supreme Court justices.

Volokh Conspiracy has the transcript of Jan Crawford reporting on CBS Face the Nation that Chief Justice Roberts switched his vote in May.

I am told by two sources with specific knowledge of the court’s deliberations that Roberts initially sided with the conservatives in this case and was prepared to strike down the heart of this law, the so-called individual mandate, of course, that requires all Americans to buy insurance or pay a penalty. but Roberts, I’m told by my sources, changed his views deciding to instead join with the liberals.

More from CBS:

Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the effort to try to bring Roberts back to the fold.

"He was relentless," one source said of Kennedy's efforts. "He was very engaged in this."

But this time, Roberts held firm. And so the conservatives handed him their own message which, as one justice put it, essentially translated into, "You're on your own."

The conservatives refused to join any aspect of his opinion, including sections with which they agreed, such as his analysis imposing limits on Congress' power under the Commerce Clause, the sources said.

Instead, the four joined forces and crafted a highly unusual, unsigned joint dissent. They deliberately ignored Roberts' decision, the sources said, as if they were no longer even willing to engage with him in debate.

So Roberts knew better than the other justices, the circuit court judges, the district court judges, the attorneys, and the American public.

OUT: The rule of law. IN: The rule of Roberts.

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posted by rdbrewer at 01:38 PM

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