Supreme Court Chief Justice John Roberts is a brilliant legal mind and jurist — there is virtually unanimous agreement on this point. That makes his incoherent vote last week to uphold ObamaCare so puzzling. Surely, it must be evident to someone of his intellect and judicial philosophy that the Court cannot write a law that was not passed. Yet, that’s what he did.
If Justice Kennedy had been the fifth vote to uphold ObamaCare, it would have been somewhat understandable, as the most reliable thing we know about Kennedy is that he is a “swing” vote on the Court. But, even Kennedy understood the folly of trying to make something constitutional that clearly was not.
How tantalizingly close we came to seeing the entire law thrown out — with its abortion expansion, rationing, and ability to mandate just about anything.
So, what was Roberts thinking? It is unexplainable. More importantly, what will Roberts think/do in the future. The prospects are frightening for the country and the cause we hold so dear.