[NewJerseyJoe]

So you're saying that Roberts, in trying to slap down the law, decided to (1) set up this long, complicated, expensive, Machiavellian process to do it, rather than (2) simply vote "No" the first time?

Sorry, not buying it.

[kevkrom]

So you're saying that Roberts, in trying to slap down the law, decided to (1) set up this long, complicated, expensive, Machiavellian process to do it, rather than (2) simply vote "No" the first time?

In this theory, the presumption is that option (1) allowed Roberts to gut the "commerce clause" over-reach that has been used to justify so many government over-reaches. From a tactical standpoint, that would be a good trade for a costly delay in overturning Obamacare itself down the road through a different avenue.

Mind you, I don't buy into the theory, but it's not as whacked-out as it might seem on the surface.