Spare me the argument that Roberts, with the ghosts of 1937 tramping through his mind, was trying to “preserve the integrity” of the court. His jaw-dropping, intellectually inconsistent, Kafkaesque ruling in the Obamacare case is likely to live in infamy, much like such earlier Supreme turkeys as the Dred Scott decision and Plessy v. Ferguson. In both of those cases, as in this one, the Court took refuge in legal niceties and sophomoric hairsplitting, refusing to acknowledge the greater moral issue and the looming national catastrophe.
Even if Roberts did make his “switch in time” pusillanimously, to avoid another Obama tongue-lashing and the ill will of the major editorial pages . . . so what? There are times in the affairs of men when business as usual should no longer obtain, and all right-thinking people (including the four justices who voted to strike down the monstrosity) must simply — in one of the Left’s favorite phrases — do the right thing. That Roberts did not will be to his everlasting shame…..
Until the Right understands that the Left cedes us — as the Times editorial so vividly illustrates — no legitimacy at all it will continue to be surprised by weak men like John Roberts, who allowed a rogue president to publicly browbeat him and the institution he heads — and then, when he had a chance to pay him back, turned tail and ran.
As Kafka wrote in “Zur Frage der Gesteze”: “Was der Adel tut, ist Gesetz” (“Whatever the nobility does is the law.” So start acting accordingly.