Wow. Roberts, not Kennedy. Who saw that coming?
American Thinker is already trying to rationalize it, but I betcha that Roberts will be vilified to no end by conservatives.
The interesting thing here: Roberts did not act as a liberal, but instead took a stand that would be called conservative, save for the fact that “mainstream” conservative has driven fully off the crazy cliff. One tweet by Matt Browner Hamlin noted by Andrew Sullivan:
I just can’t believe John Roberts ruled in favor of a policy cooked up by the Heritage Foundation
The Heritage Foundation, now firmly against the ACA, actually proposed the individual mandate a few decades ago.
So, while this shows that Scalia, Alito, and Thomas are partisan hacks, and says god knows what about Kennedy, I think the most we can take from this is that Roberts is probably not a political hack–or at least not consistently. We can fantasize that the Bush-appointed Chief Justice has taken a turn to the left, but that would be asking way too much–and considering that a conservative from 1990 would see this as reasonable…
Though, there is another way to see it: a conservative from the late 80’s or early 90’s almost is a liberal today. Not a “true” liberal, but as a matter of relative gauging compared to where the right wing has bounded off to….
Or, who knows, maybe the Thinker is right and this is just chair-switching of some sort. I don’t pretend to know.
And certainly, this is not the health care plan we should have, and hopefully it won’t take us 30 years to take the next step.
Still, I really would like to know what just happened.