I floated this possibility yesterday and people dismissed me here, however it seems my thoughts on this are not nearly as far-fetched as people here thought.
While Republicans gasped as Chief Justice John Roberts joined the Supreme Court’s liberal wing in upholding the federal health care overhaul, clues in the dissent suggest the conservative jurist may have originally sided against the law.
Perhaps the country will never know, but legal experts have seized on a string of passages in the dissent that indicate their opinion was originally written as the majority ruling — one that would have struck down the law in its entirety.
Theories abound as to what clues the dissent offers. Did the minority justices simply set out to write their opinion with the confidence of a majority, without ever having five justices on board? Or did Roberts flip, perhaps under pressure to let stand an historic piece of legislation and/or battle the perception of the high court as partisan?
“I suspect … the chief switched very late in the game,” constitutional lawyer David Rivkin told FoxNews.com.
Read more: http://www.foxnews.com/politics/2012/06/29/did-roberts-flip-clues-in-dissent-suggest-court-was-initially-set-to-strike/#ixzz1zCcZbMih
I know people don’t like this issue raised, but as Rush Limbaugh pointed out today, Justice Roberts actually rewrote Obamacare in order to save it from being declared unconstitutional (and it is still unconstitutional as heck).
If what I suspect is correct, that in fact Roberts did change his position at the last minute, the question is why… Given this White House’s willingness to use outright intimidation to try to silence opposition, especially since if you will recall they have used intimidation tactics on business owners, among other people already, it isn’t that much of a stretch to think that something may have happened. The only alternative is that Roberts caved because the leftist media would throw a tantrum.
People can also check out HotAir.com’s article: http://hotair.com/archives/2012/06/28/obamacare-was-the-conservative-dissent-on-the-mandate-originally-a-majority-opinion/
While this isn’t the only challenge directed against Obamacare, I think this election is the most important one in our lifetimes. Furthermore, I think if we get Obamacare repealed (which even if the Republicans win, unless they demonstrate some backbone it won’t happen), we need to pass a Constitutional Amendment so nothing like this can ever happen again.
Also people here need to get it through there heads that this wasn’t a victory for us, I just hope enough people get the wake up call that we can stop this thing in November, otherwise this country is toast.