Monday, June 29, 2020
Conservatives were outraged eight years ago when Supreme Court Chief Justice John Roberts voted with the liberals on the court to uphold Obamacare's individual mandate. His swing almost singlehandedly saved the Affordable Care Act. A few years removed and he made a few better decisions, somewhat appeasing conservatives. But last year he helped kill the census citizenship question. Then, last week, he voted with liberals to reject President Trump's attempt to end the Deferred Action for Childhood Arrivals program. The court didn't say that Trump couldn't reverse the program, but that his legal reasoning wasn't up to par.
But it was Roberts's vote on this Monday morning that convinced conservatives he will never be on their side, and regret that President George W. Bush ever uttered his name. Justice Roberts has sided with the court's liberals again, this time striking down a Louisiana abortion law that required abortionists to acquire admitting privileges from nearby hospitals. Yet again, it was a razor-thin 5-4 ruling.
I hate to say I told you so, but I told you so. Roberts is not content to let the law lead the way. He wants to lead the way and go the direction he really thinks is best. Natural enough. It takes a lot, repeat a lot of faith in law to let it lead the way.