Chief Justice John Roberts' Judicial Betrayal

By:  Thomas Sowell
07/05/2012
       
Chief Justice John Roberts' Judicial Betrayal

Chief Justice John Roberts probably made as good a case as could be made for upholding the constitutionality of ObamaCare by defining one of its key features as a "tax." Yet what he did was betray his oath to be faithful to the Constitution of the United States. Who he betrayed were the hundreds of millions of Americans — past, present and future — whole generations in the past who have fought and died for a freedom that he has put in jeopardy.

 

Chief Justice John Roberts probably made as good a case as could be made for upholding the constitutionality of ObamaCare by defining one of its key features as a "tax." Yet what he did was betray his oath to be faithful to the Constitution of the United States. Who he betrayed were the hundreds of millions of Americans — past, present and future — whole generations in the past who have fought and died for a freedom that he has put in jeopardy.

 

Betrayal is hard to take, whether in our personal lives or in the political life of the nation. Yet there are people in Washington — too often, Republicans — who start living in the Beltway atmosphere, and start forgetting those hundreds of millions of Americans beyond the Beltway who trusted them to do right by them, to use their wisdom instead of their cleverness.

President Bush 41 epitomized these betrayals when he broke his "read my lips, no new taxes" pledge. He paid the price when he quickly went from high approval ratings as president to someone defeated for reelection by a little known governor from Arkansas.

Chief Justice John Roberts need fear no such fate because he has lifetime tenure on the Supreme Court. But conscience can be a more implacable and inescapable punisher — and should be.

The Chief Justice probably made as good a case as could be made for upholding the constitutionality of ObamaCare by defining one of its key features as a "tax."

The legislation didn't call it a tax and Chief Justice Roberts admitted that this might not be the most "natural" reading of the law. But he fell back on the long-standing principle of judicial interpretation that the courts should not declare a law unconstitutional if it can be reasonably read in a way that would make it constitutional, out of "deference" to the legislative branch of government.

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Thomas Sowell  (photo)

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