Opinion: Roberts' Constitutional Malpractice

... well while continue street from the decision in the Obama health care law yesterday what decision the summer was regarded as somewhat mysterious we've been sorting through the tea leaves trying to come to grips with up ... exactly what was behind chief Justice Roberts up ... late seemingly late decision to join the four liberal justices ... here with me is Dorothy Rabinowitz and James Freeman of the Journal editorial page and see you guys ... and Dorothy all ... you've had at least a day to think about this whole ritual columns for ... Justice Roberts ... finding its way to to this resolution ... many scenarios thoughts have that that that that ... the ... farther than than the call ... and ... let me ask you this then stop me if I rattle on too much because they're so and I and and and ... to say but ... it's got a lot of people it's beginning to strike and that ... that ... that that the Justice made a last minute decision ... of ... the stress and of the year ... up with the will ... and I it ... to to make himself ... an acceptable chief justice in the eyes of the progressive left which is good when it said it set in flat but it was a political move many people think and of what could've been otherwise very easily except for that last minute the fall ... of ... we have no proof of this ... but the other thing that strikes me when I was some evidence ... the decision to sell shoes especially the odd ... on ... Justice Ginsburg concurrence in which he denounces justice for hoppers ... and would rather ... acerbic Lee and with the vitriol that suggested she had a regionally remain as of dissent ... this he hadn't counted on that ... they have ... yet to be out there this is called evidence in court and found ... in Corbin didn't ... but that ... so that's going to be chewed on for a long time ... I think that ... the less perhaps the ... incendiary as the lead but even so amazing is the number of ... high ... minded neo conservative and conservative friends who have rushed into print ... with Exco patients of this decision ... as perhaps the greatest service to the Supreme Court and to the policy and to American justice ... when Kylie ... simply it's thinking ... of a bill ... which will have ... monumental women was consequences to the American people ... which is has been ... justly ... you know that they get unconstitutional ... and ... this passes over them by ... some areas important to rescue ... the Justice James partisan strike you to do and I'm also just amazed event of a number of so called conservatives who were saying well this is can a glass is half full story in the disaster and ... you are retired Col in a mysterious ... decision ... inexplicably gets a ... terrible horrendous unconstitutional those of the other words as a family shows I don't want to ... use that what what would I think a lot of ... constitutional scholars would be thinking about this right now but ... but but to many people looking at this the ... the damage that the chief justice is done by exploding this definition of tax ... and exploding the federal authority to turn heads ... is beyond anything you might have hoped for in terms of limiting recovers calls them ... and by the way there's no federal activity that's been invalidated by his comments on the Commerce clause ... this isn't simply a statement that you would hope future justices ... would follow but ... I don't know how this is a tax lately the ... priest was very specific than the ... dissenting justices talked about the Dems is paying penalties and taxes ... it is a direct actions not a portion among the states in proportion to population of the Constitution demands ... get a really qualify as an indirect tax cuz there's no activity happening here on SB one more quick thing which aims to justice at its best was trying to ... protect the integrity of the court do you think ... you can close to accomplishing ... that said this is the worst thing you could do to protect the ... respect for the quarter as an institution and it appears to be someone caving ... at the last minute to political pressure ... than writing kind of a scene of the payouts opinion it's just mind boggling ... now and and and really the point of view that no one else other than ... Mr Roberts seems willing to defend ... we've got about thirty seconds what you think that some Justice Roberts has ... damaged his reputation are as chief justice with this decision ... are the left though ... but in the world of the ... the rational world that has looked upon this decision this improbable decision ... of ... I think it will always be ... suspect I think he will always be facing the question ... that ... you have made this choice ... the ... integrity of the court that Iran is narcissistic way more important ... for me to uphold ... then the question ... of constitutionality of this bill and the interests of the American people which this court this post is said and it justice that is supposed to serve ... to help ... pick the symbol ... rather than the back of the symbolism of my court