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Roberts Switched Views to Uphold Health Care Law (Original CBS Report)
CBS News ^ | Sunday, Juy 1, 2012 | Jan Crawford

Posted on 07/01/2012 12:16:38 PM PDT by kristinn

Chief Justice John Roberts initially sided with the Supreme Court's four conservative justices to strike down the heart of President Obama's health care reform law, the Affordable Care Act, but later changed his position and formed an alliance with liberals to uphold the bulk of the law, according to two sources with specific knowledge of the deliberations.

Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the effort to try to bring Roberts back to the fold....

But in this closely-watched case, word of Roberts' unusual shift has spread widely within the Court, and is known among law clerks, chambers' aides and secretaries. It also has stirred the ire of the conservative justices, who believed Roberts was standing with them.

After the historic oral arguments in March, the two knowledgeable sources said, Roberts and the four conservatives were poised to strike down at least the individual mandate. There were other issues being argued - severability and the Medicaid extension - but the mandate was the ballgame.

SNIP

It is not known why Roberts changed his view on the mandate and decided to uphold the law. At least one conservative justice tried to get him to explain it, but was unsatisfied with the response, according to a source with knowledge of the conversation.

SNIP

Roberts then engaged in his own lobbying effort - trying to persuade at least Justice Kennedy to join his decision so the Court would appear more united in the case. There was a fair amount of give-and-take with Kennedy and other justices, the sources said. One justice, a source said, described it as "arm-twisting."

(Excerpt) Read more at cbsnews.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events
KEYWORDS: activistcourt; activistjudge; badlaw; blackmail; cultureofcorruption; defeatthemedia; illegaladoption; illegalinfluence; impeachment; johnroberts; judicialactivism; mainstreammedia; mediabias; msm; msmcourt; msmownscourt; msmownsobamacare; msmownsroberts; msmownsscotus; obamacare; obamascandals; obamunism; scotus
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To: IbJensen

Maybe Roberts did a Sinclair on Obama while Obama was smokin Crack in his Glass Pipe? Larry says Obama loves Crack in a Glass Pipe while getting his BoyWhore to give him what he desires!


161 posted on 07/01/2012 2:54:06 PM PDT by True Republican Patriot (May GOD SAVE OUR AMERICA from ALLAH and his Prophet, HUSSEIN OBAMA!!)
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To: piytar
NIce try but no cigar. If you can get away with calling a penalty a tax, and justify it in the name of "limiting" government, then you can do anything you want. No, there's no rescue coming from the Court. They're done.

Besides, if Roberts had such a clever strategem up his sleeve, why not tip off his conservative colleagues? Instead he alienated his allies on the court for nothing, when all he really had to do was the right thing and vote it down. Why go through risky gyrations to achieve the same end?

The whole thing makes no sense unless he caved. For god knows what reason.

162 posted on 07/01/2012 2:56:05 PM PDT by hinckley buzzard
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To: DesertRhino

Do the opinions have dates on them - dates when they were written? Or do they all just have the date that the decision is made public?

If Roberts did write the “dissent” when it was supposed to be the majority opinion, then this reporter is pulling our legs when she says that the dissent doesn’t address the majority opinion because the people who wrote it didn’t even want to engage with Roberts.

But some have said that the dissent has stuff that really sounds like it came from either Alito(?) or Kennedy.

I wonder exactly what happened.


163 posted on 07/01/2012 2:56:23 PM PDT by butterdezillion
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To: kristinn

I am generally much more positive than negative about GWB, but this may turn out to be his final major F-up. The original vote was a win, but Roberts got weak because he was worried about his court’s image. Roberts seems to be a fine judge, but he is proving to go wobbly. If Bush would have elevated Scalia to CJ and just nominated Roberts, we would have knocked this law out.


164 posted on 07/01/2012 2:57:03 PM PDT by ilgipper ( November cannot come soon enough)
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To: hoosiermama
IIRC Roberts attends Mass regularly. If we are truly looking into what influenced him, look in the Bible not to threats or bribes.

You could say Judas "attended Mass regularly". There are plenty of deceivers in the Bible, dear.

165 posted on 07/01/2012 2:58:05 PM PDT by arasina (So there.)
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To: uncbob
What I don’t understand is if he was blackmailed why did rule it’s a tax? Exactly --he could have used the Commerce clause--ruling it a tax ain't making Obama happy

Answering my own question

If this story is true than since he originally agreed with the conservatives it was not constitutional via the Commerce Clause then he had to come up with a different reason for saying it was
166 posted on 07/01/2012 2:59:13 PM PDT by uncbob
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To: faucetman

I have never, not one time, ever considered that SCOTUS’ refusal to entertain even one eligibility case was a political decision. Now, I must give the idea some consideration.

I’m angry with Roberts. Maybe I’ll feel differently later. Maybe not.

However, this decision was pure lawlessness. Why there isn’t blood running in the streets, I do not know.

When you’ve had enough of your liberty stolen, ya chickensh*ts, it’ll be too late to save your sorry @sses. And don’t expect me to come a-runnin’. I’m with Scalia, Thomas, and Alito. Yer on yer own!


167 posted on 07/01/2012 3:02:23 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Girlene
They usually keep their mouths shut. I bet Roberts was counting on that.

If true than when he sees the cat is out of the bag he is going to be doing some serious dodging from the glare of the truth

Wonder if this news has reached him yet
168 posted on 07/01/2012 3:02:23 PM PDT by uncbob
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To: Kennard

If it can be passed via reconciliation, it can most definitely be repealed via reconciliation. USSC ruling it a tax just makes using that process legitimate unlike how the democrats used it.


169 posted on 07/01/2012 3:04:07 PM PDT by smokeman
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To: arasina
Think....If Judas had NOT deceived, Jesus would NOT have gone to the cross, died for your sins, been resurrected etc etc. Do you really think Judas's betayal was not part of God's plan?
170 posted on 07/01/2012 3:04:07 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying then or now!)
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To: DesertRhino

Homos only get married when they need to for public acceptance! This really stinks! If America’s Chief Justice has been blackmailed, we need to know it right now! If that happened, He and his Blackmailers must be in Prison for Life by tomorrow morning!


171 posted on 07/01/2012 3:04:21 PM PDT by True Republican Patriot (May GOD SAVE OUR AMERICA from ALLAH and his Prophet, HUSSEIN OBAMA!!)
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To: hoosiermama

Predestination vs. Free Will is not something I care to argue with you today. Have a nice evening and stay safe.


172 posted on 07/01/2012 3:05:30 PM PDT by arasina (So there.)
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To: All; SquarePants

Look deeper folks, has the 08 bailout acually reconciled the balance sheets of the 15 trillion ones, over the Troglites?

No, and the original lobby authors, are going to absolutely drive the nails so that a group that calls itself an “indusry”, equity holders of the banking sector, have direct leverage anytime they want, BUT WITHOUT EVER NEEDING EVER TO GO THROUGH CONGRESS TO HAVE A VOTE AGAIN, as they were forced to in 08.


173 posted on 07/01/2012 3:06:52 PM PDT by Varsity Flight (Phony-Care is the Government Work-Camp: Arbeitsziehungslager)
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To: unixfox

Traitor?

I wouldn’t be so sure. He’s effectively established himself as an “independant” while at the same time guaranteeing an electoral victory for Romney and the GOP.

Congress created this mess, congress should fix it!


174 posted on 07/01/2012 3:07:13 PM PDT by proudpapa
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To: arasina
The Jews are considered the Chosen People, yet the Holocaust occurred.

Tried to point that out to a poster last evening and got an unpleasant reply
175 posted on 07/01/2012 3:07:51 PM PDT by uncbob
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To: Georgia Girl 2

Bush got played by Roberts.


Neither side respect him.


176 posted on 07/01/2012 3:07:50 PM PDT by Leep (Enemy of the StatistI)
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To: DesertRhino
The problem is..if this did happen..it the fix was in..power at that level can not afford for Roberts to ever ever talk...and for powers like that a mad TEA PARTY member is perfect fall guy...it win them the election as a bonus....

This idea is making me sick....God I hope I'm soooo wrong

177 posted on 07/01/2012 3:08:16 PM PDT by tophat9000 (American is Barack Oaken)
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To: DesertRhino; RightFighter; butterdezillion
After further research, I believe the dissent was "unsigned" because it was per curiam explained here

.............." In legal terms, "unsigned" means the ruling was "per curiam," or "for the court" — simply, that everyone on the panel agreed with the decision and decided to issue a single opinion.

"Generally, an 'unsigned' opinion means the opinion was issued per curiam, meaning no one judge took credit for authoring the opinion, but it represents the opinion of the court," Sarah Ricks, a law professor at Rutgers University who has analyzed types of judicial opinions, wrote us in an e-mail interview.

Ricks added that "it is not unusual for a federal appellate court to issue a per curiam opinion; even the Supreme Court very occasionally issues a per curiam opinion. ... A per curiam opinion does not preclude separate opinions by members of the court but it does represent the reasoning for the judgment of the court." "................
178 posted on 07/01/2012 3:08:27 PM PDT by Girlene (Chief AHat Roberts - should resign in disgrace.)
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To: muleskinner

>> “Where were Alito, Scalia and Thomas?” <<

.
They’re too well aware of what a jerk Roberts is to mess with him.


179 posted on 07/01/2012 3:10:21 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they were.)
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To: Covenantor

Looks like they smoke their own meat.


180 posted on 07/01/2012 3:10:44 PM PDT by caddie
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