The Roberts Conundrum (Townhall.com) July 6, 2012

Chief Justice John Roberts was apparently on the fence on the healthcare decision and fell off on the wrong side. And he ended up violating the very principles he was trying to uphold.

After rightly declaring the healthcare bill an unconstitutional stretch of Congress’ power under both the commerce and spending clauses, Roberts strained to uphold the bill under the taxing power. Sources for one CBS story indicate he did so fearing damage to the Court’s reputation for being too political and activist.

But if, as it seems, Roberts actually felt the measure was unconstitutional, he himself played politics to uphold the Court’s reputation over the Constitution. And he strained to, in effect, rewrite the law in order to save it, a classic example of judicial activism.

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