I just got something, an e-mail — a fundraising e-mail — from the National Republican Fundraising Committee. And it kind of dovetails. You’ve probably heard some conservative commentators marveling at Roberts. He either saved the court from this charge of activism or whatever. I’m here to tell you that the reason, in these particular pieces, that you have seen people praising Justice Roberts is very simple and very narrow. It’s for one reason. He came up with something they didn’t think of.
And who would have?
You’ve got the US Congress passing a health care bill that is based on the Commerce Clause being stretched to now say that the government can mandate that we buy or not buy something. That is how this case was presented. It is how this case was argued. It is how this case was presented to the American public. It is how everybody thought this case was going to be decided. So all the pundits started predicting their outcomes. “Oh, yeah, it’s gonna go 6-3 with Roberts and Kennedy writing for the majority. Roberts will see what Kennedy does and he’ll go that way to make sure the court’s reputation is protected.”