Somewhere we have lost Chief Justice Roberts. I mean the Roberts who told the Senate Committee in his confirmation hearing that his judicial philosophy was to be an umpire calling balls and strikes, not a batter or pitcher. But twice now Roberts has rewritten the Affordable Care Act in order to save it. First he changed the law from an unconstitutional penalty to a constitutional tax. Now he’s ruled that “state exchange” is ambiguous and includes a federal exchange, rescuing it again.
Roberts apparently feels the need to step in the batter’s box and engage in judicial activism in order to protect the Court from having to invalidate Obamacare and be accused of, yes, judicial activism. And so Chief Justice Roberts joins Harry Blackman, David Souter and Anthony Kennedy in the hit parade of supposed conservative justices who took big turns to the left once seated on the Court.[soundcloud url=”https://api.soundcloud.com/tracks/212979661″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]