http://www.nationalreview.com/articles/308396/roberts-rules-disorder-deroy-murdock
“Run away!” is the chief justice’s battle cry.
The story behind Supreme Court Chief Justice John Roberts’s majority opinion in NFIB v. Sebelius gets stranger and stranger.
First, Roberts stunned the American left, middle, and right on June 28 when he joined Court liberals and upheld the (un)Affordable Care Act — AKA Obamacare.
Next, Jan Crawford of CBS News reported that Roberts originally voted to overturn Obamacare, but then performed a high-stakes, eleventh-hour backflip. In essence, Roberts cracked under public pressure from the Left. To date, neither Roberts nor anyone else has challenged Crawford’s jaw-dropping disclosures.
Amazingly, Crawford quoted unnamed sources with intimate knowledge of the justices’ deliberations. In a city that leaks like the hull of a torpedoed warship, the Court’s inner sanctum traditionally is as impermeable as the bridge of an attack submarine. The fact that the justices, their clerks, or other top staffers are blabbing outside the palace of justice says enough about this mess to fill a law dictionary.
In an even more bizarre twist, it seems that Roberts did not just switch rather than fight. According to a July 3 Salon.com article by University of Colorado at Boulder law professor Paul Campos, Roberts wrote the majority ruling after drafting three-quarters of the dissenting opinion, which began as the majority decision to jettison Obamacare like a sack of medical waste. If true, Roberts achieved a milestone in judicial hermaphroditism.
