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View Full Version : Roberts wrote most of the conservative dissent in the ObamaCare case too



red states rule
07-04-2012, 07:07 AM
Wow, this should get Roberts the upmost respect from the middle of the roaders and so called Independents.

Talk about taking both sides of an issue!!!!





This weekend CBS News’ Jan Crawford reported (http://www.cbsnews.com/8301-3460_162-57464549/roberts-switched-views-to-uphold-health-care-law/) that Chief Justice John Roberts switched his vote in regard to upholding the bulk of the Affordable Care Act. Crawford reports that Roberts voted with the rest of the court’s conservatives to strike down the individual mandate, but in the course of drafting his opinion changed his mind, and ended up siding with the court’s four liberals to uphold almost all of the law.

In response, according to Crawford’s story, the four conservatives then independently crafted a highly unusual joint dissent. If so, this would represent a powerful symbolic gesture: Joint Supreme Court opinions are rare. Normally a justice authors an individual opinion, which other justices may choose to join. Jointly authored opinions are reserved for momentous statements of principle, such as in Cooper v. Aaron, when all nine justices jointly authored an opinion declaring that the court’s anti-segregation decisions were binding on state governments that disagreed with the court’s constitutional interpretations.

It’s notable that Crawford’s sources insist on the claim that the joint dissent was authored specifically in response to Roberts’ majority opinion, without any participation from him at any point in the drafting process that created it. It would, after all, be fairly preposterous for the four dissenters to jointly “author” an opinion that was in large part written originally by the author of the majority opinion to which the joint dissenters were now so flamboyantly objecting.

Yet that, I am told by a source within the court with direct knowledge of the drafting process, is exactly what happened. My source insists that “most of the material in the first three quarters of the joint dissent was drafted in Chief Justice Roberts’ chambers in April and May.” Only the last portion of what eventually became the joint dissent was drafted without any participation by the chief justice.

http://www.salon.com/2012/07/03/roberts_wrote_both_obamacare_opinions/

Kathianne
07-04-2012, 07:25 AM
I'm getting more curious about the leaks coming to CBS. This is not good for anyone. The court while always acknowledged as a group of partisans, over and over has had too many surprises not to be seen as the least biased of the three branches.

Just like the old times when Senators at least, would leave politics aside for a bit of time to just be colleagues, the tradition of not seeing the process in the open is not going to help stabilize the country.

I don't like what I'm hearing about Roberts, I certainly didn't like his decision. The more I come to understand it, the less I like it. However, this is not a good thing that we are seeing played out. It bodes very ill for the future.

red states rule
07-04-2012, 07:28 AM
I'm getting more curious about the leaks coming to CBS. This is not good for anyone. The court while always acknowledged as a group of partisans, over and over has had too many surprises not to be seen as the least biased of the three branches.

Just like the old times when Senators at least, would leave politics aside for a bit of time to just be colleagues, the tradition of not seeing the process in the open is not going to help stabilize the country.

I don't like what I'm hearing about Roberts, I certainly didn't like his decision. The more I come to understand it, the less I like it. However, this is not a good thing that we are seeing played out. It bodes very ill for the future.

Kat, I do beleive the leaks are coming from those who work for Roberts. He seems to be more worried about his image and the image of the ciourt - than following the US Constitution

Just as leaks about out intel made the WH and Obama look good - these leaks are intened to make Roberts and HIS court look good

Kathianne
07-04-2012, 07:36 AM
Kat, I do beleive the leaks are coming from those who work for Roberts. He seems to be more worried about his image and the image of the ciourt - than following the US Constitution

Just as leaks about out intel made the WH and Obama look good - these leaks are intened to make Roberts and HIS court look good

You do know that no clerks or staff of any kind are allowed into the deliberations?

It's a justice or more that is speaking when she/he shouldn't.

red states rule
07-04-2012, 07:38 AM
You do know that no clerks or staff of any kind are allowed into the deliberations?

It's a justice or more that is speaking when she/he shouldn't.

Then perhaps Roberts himself is doing the leaking? I doubt it that is why someone close to him has to be the one doing it.The leaks are too damn detailed Kat to be speculaton

Kathianne
07-04-2012, 08:10 AM
Then perhaps Roberts himself is doing the leaking? I doubt it that is why someone close to him has to be the one doing it.The leaks are too damn detailed Kat to be speculaton

LOL! Roberts is not the one leaking that he was pressured into changing his vote. Nope, these leaks assure that in the future, he will be targeted by both sides in the media. Rather than 'waiting in suspense' for a verdict, it will be all out war from each side.

red states rule
07-04-2012, 08:15 AM
LOL! Roberts is not the one leaking that he was pressured into changing his vote. Nope, these leaks assure that in the future, he will be targeted by both sides in the media. Rather than 'waiting in suspense' for a verdict, it will be all out war from each side.

People who are worried about what others think of them do strange things to protect their images Kat

I have no doubt that a clerk or soemone with close access to Roberrts leaked the reasons for his dissent

In response someone on the other side leaked he wrote the dissent

You are right - it is war now all because the Cheif Middle of the Roader was worried about his status in the liberal media

Kathianne
07-04-2012, 08:16 AM
People who are worried about what others think of them do strange things to protect their images Kat

I have no doubt that a clerk or soemone with close access to Roberrts leaked the reasons for his dissent

In response someone on the other side leaked he wrote the dissent

You are right - it is war now all because the Cheif Middle of the Roader was worried about his status in the liberal media

Once again, a clerk wouldn't have the details, unless fed them.

red states rule
07-04-2012, 08:19 AM
Once again, a clerk wouldn't have the details, unless fed them.

That is what I am saying Kat. Who else would have close access to Roberts and the details?

Kathianne
07-04-2012, 08:23 AM
That is what I am saying Kat. Who else would have close access to Roberts and the details?

8 other men & women.

red states rule
07-04-2012, 08:24 AM
8 other men & women.

True. So it boils down to the Judges, the clerk,s and the war has started

The next SC term should be very interesting and sad to watch

Kathianne
07-04-2012, 08:27 AM
True. So it boils down to the Judges, the clerk,s and the war has started

The next SC term should be very interesting and sad to watch

:clap: You got my point! ;)