CBS News: Roberts Was Going to Overturn ObamaCare But Changed His Mind

News Buster.org ^ | July 1, 2012 | Noel Sheppard

[Kaslin]

CBS News broke a huge story on Sunday's Face the Nation concerning the Supreme Court's Thursday ruling on ObamaCare.

According to Jan Crawford, CBS legal and political correspondent, Chief Justice John Roberts was initially going to strike down the individual mandate requiring citizens to buy health insurance, but changed his mind over the objections of the conservatives on the Court (video follows with transcript):

CBS News: Roberts Initially Wanted to Strike Down ObamaCare Mandate But Changed His Mind

NORAH O’DONNELL, SUBSTITUTE HOST: We're going to start first with Jan because you've done some reporting. The big question was why did Chief Justice John Roberts do what he did? And you've learned some new details right?

JAN CRAWFORD, CBS LEGAL AND POLITICAL CORRESPONDENT: Well, that's right. What was striking about this decision was that it was the conservative Chief Justice that was providing that decisive fifth vote, joining the liberals to uphold the President’s signature achievement. And Norah that was something that no one would have expected back in 2005 when President George W. Bush put him on the Supreme Court, and that was something that not even the conservative justices expected back in March when the Court heard arguments in this case.

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.

And he withstood-- I'm told by my sources -- a month-long desperate campaign by the conservative justices to bring him back to the fold, and that campaign was led, ironically, by Justice Anthony Kennedy. And why that's ironic is because it was Justice Kennedy that conservatives feared would be the one most likely to defect. But their effort, of course, was unsuccessful. Roberts did not budge. The conservatives wrote that astonishing joint dissent united in opposition, and Roberts wrote the majority opinion with the four liberals to uphold the President's signature achievement.

O’DONNELL: Has this there been anything like this on the Court before? I mean, that's extraordinary that the Chief Justice, according to your report about a month ago decided to do this and then was lobbied unsuccessfully.

CRAWFORD: Yes, that has happened before, and often in high-profile, controversial cases including Justice Kennedy who's changed his views in a very high-profile case involving a woman's rights on abortion back in 1992. And justices do change their mind. There is precedent for that. One justice told me that surprisingly enough it happens about once a term. But in the case of this magnitude with so much on the line, conservatives believed they had Roberts’ vote in this case, and there's quite a lot of anger within the hallways of the Supreme Court right now.

[Rca2000]

They probably told him to watch “the pelican brief” and said...”might be careful here, Roberts... hate to see the things in that movie happen to you”...( several SC judges are killed in that movie)...

[jeffc]

I would dearly love to know what Scalia and Thomas think of Roberts right now......

[onyx]

Calm down. I posted my comment in all seriousness.

[AnotherUnixGeek]

From the article:

Some of the conservatives, such as Justice Clarence Thomas, deliberately avoid news articles on the Court when issues are pending (and avoid some publications altogether, such as The New York Times). They've explained that they don't want to be influenced by outside opinion or feel pressure from outlets that are perceived as liberal.

But Roberts pays attention to media coverage. As Chief Justice, he is keenly aware of his leadership role on the Court, and he also is sensitive to how the Court is perceived by the public.

There were countless news articles in May warning of damage to the Court - and to Roberts' reputation - if the Court were to strike down the mandate. Leading politicians, including the President himself, had expressed confidence the mandate would be upheld.

And there we have it - perhaps the lamest and most pathetic basis for a decision that a Supreme Court justice has ever relied on. If true, Roberts is an unprincipled coward who chose to violate his own views and any sensible reading of the Constitution to appease Obama's media water-bearers. Utterly disgusting - the system of checks and balances has failed.

[azishot]

...changed his views deciding to instead join with the liberals.

Okay, so he changed his mind. I want to know WHY he did so.

[1_Rain_Drop]

Roberts has a thing for obama.
He swore him in. Let a screw up slide.
He swore him in again, in private.

There’s no way he was going to go against his best bud now.

[Paladin2]

The one in the cross hairs is Roberts.

[Tex-Con-Man]

Jan Crawford is the woman who wrote “Supreme Conflict”, a very behind the scenes look at the SC during the end of the Renquist court. She has great access.

[timestax]

roberts is a coward. He was threatened that the commies would attack him if he didnt get the crap through. Roberts did not want to be a target of the commies, ny times etc and caved wobbly legged big time. It is absolutely sickening and of course the coward ran away to malta hoping the dust settles.

DITTO man, DITTO !

[ModelBreaker]

There’s always chickening out.

[Jane Long]

...there's quite a lot of anger within the hallways of the Supreme Court right now.

And across America, too!

[Bratch]

Impeaching any government official is a waste of time unless you can get a conviction.

That’s not going to happen unless you get an overwhelming majority (60+, IMO) in the Senate.

Holding numerous impeachment hearings would yield nothing.

[nhwingut]

My head is about to explode reading this. Can you imagine his own staff must feel betrayed (I’m sure none wanted to see Obamacare upheld).

[goat granny]

Un named sources don’t exist...its the opinion of the person writting the article....trying to give credibility to their story...

[The_Media_never_lie]

Roberts yielded to threats.

[Joe 6-pack]

"Why would a man of principle cave like that?"

The answer to your question may be found in its faulty premise....

[nhwingut]

BS! Savage is an idiot.

I have a nerve disorder and I take the same drugs as someone with epilepsy — Lyrica, Gabapentin, Tegretol, etc. Yes, It does make you groggy, and slow on the uptake at first - but you get used to them and after a while you are normal again. I can assure you it does not turn you into a liberal thinker.

[Girlene]

Why would a man of principle cave like that?

A man of principle would not.

[Enough is ENOUGH]

The freakin' unbelievable way the ObamacareTAX bill was passed and the totally deceptive illogical way Roberts created a different legislation package to justify its approval in broad daylight and got away with it were not coincidences. And in government politics there ARE NO coincidences.

This now will help destroy our Constitution and our country faster than the communists who took over our country ever envisioned.

[mojito]

The next day obama has a fit about it after getting the leaked info.

I'd be willing to wager more than a couple of boxes of popsicles that Kagan was the leaker.