The problem with all of this is Justice Kennedy. He is only a swing vote when the consequences are small, otherwise he sides with the liberals who then have the majority.
Many people curse Roberts for “supporting Obamacare”, while he did the *one* thing he could have done to at least sour the victory of the liberals. By voting in favor of Obamacare, Roberts, as chief justice, could assign writing of the opinion to himself, which he did, then insert “poison pills” into the law, which he also did.
Kennedy wanted to be the deciding vote for Obamacare, and was livid at Roberts for stealing his thunder, so he voted with the conservatives. He wanted to give the liberals everything they wanted.
In any event, with this current case, the same problem is happening. Kennedy wants to let Obama do anything he wants with Obamacare. But Roberts is looking for some way to sabotage it.
Roberts may have no choice but to again vote “in favor” of Obamacare, but again, just so that he can undermine it.
Does this not connote that being the swing vote is unusually important to a USSC justice ego?
Talk about tortured reasoning. Shaking my head.