a clone of John Roberts.
That bothers me he helped Obama it’s said that he was pro Obamacare.
RE: That bothers me he helped Obama its said that he was pro Obamacare.
My take is this —Roberts DID use Kavanaugh’s reasoning but WRONGLY APPLIED IT.
Kavanaugh said that Obamacare’s individual mandate would be constitutional IF IT WERE WRITTEN AS A TAX ( which it was not. It was a PENALTY ).
Roberts then effectively RE-WROTE the law and re-imagined the penalty as a tax ( borrowing from Kavanaugh ). THAT was judicial activism.
The right thing to do would be to throw the law back to congress and tell them to re-write it, not declare it a tax when the text never said it was such. Roberts in effective, wrote the law for everyone.