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Roberts Did Flip on ObamaCare: Sources

Fellow conservatives then battled for his support for entire month

By Matt Cantor,  Newser Staff

Posted Jul 2, 2012 9:37 AM CDT

(Newser) – John Roberts hadn't always planned to give ObamaCare the green light—but once he'd changed his mind, no amount of convincing from Anthony Kennedy could bring him back, sources tell CBS News in an in-depth account of the decision-making process. Kennedy—himself long seen as a potential swing vote in favor of the law—"was relentless" in his efforts to bring Roberts back into the conservative fold after he switched his vote, a campaign that lasted for a full month. In the end, Roberts' fellow conservatives refused to sign on to even the aspects of his opinion with which they agreed, and penned a dissent that was unsigned—a "highly unusual" move, says CBS.

At first, Roberts was poised to strike down the individual mandate alongside the other conservatives, arguing that the law was an overreach of the Constitution's Commerce Clause. The reasons for his shift remain a mystery, but CBS offers some clues. Roberts closely follows the media, and while he worked on writing the mandate-killing majority opinion, the news was flooded with reports of risk to the Supreme Court's credibility if it nixed the mandate ... and to Roberts himself. The chief justice also suggests in his final opinion that the health law decision is best left in the hands of elected officials. He pushed for Kennedy's support, but never received it. Click through for the full story.

In this Jan. 27, 2010 file photo, President Barack Obama greets Chief Justice John Roberts.
In this Jan. 27, 2010 file photo, President Barack Obama greets Chief Justice John Roberts.   (AP Photo/Charles Dharapak, File)
In this Oct. 8, 2010 file photo, Chief Justice John G. Roberts is seen during the group portrait at the Supreme Court Building in Washington.
In this Oct. 8, 2010 file photo, Chief Justice John G. Roberts is seen during the group portrait at the Supreme Court Building in Washington.   (AP Photo/Pablo Martinez Monsivais, File)
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COMMENTS
Showing 3 of 54 comments
USLady
Jul 4, 2012 11:56 AM CDT
You know it was not all Roberts fault! i think they all need to go! they said Roberts was going to an Island somewhere after his proud moment in history! NOT! I think the rest of them need to get on the boat with Roberts! arevaderche! English is a little more bolder than this!
cornelison
Jul 4, 2012 3:25 AM CDT
Why are Americans so divided over Obama's health care plan? How many Americans actually know what the affordable health care will do for them? Are Americans split over whether to cover a person with a preexisting condition? Are Americans split on whether 30,000,000 Americans deserve any health insurance at all? If the above is true than we are in deep moral trouble.
USLady
Jul 3, 2012 4:10 PM CDT
Yes! he flipped! his mind! and more than half of all Americans are mad! and cannot stand him now! for making such a horrible decision to oppress a law on every American that is  unlawful and wrong! It shows how wrong those in office  are, yes they have to go! because they have broken the law! no! we cannot just sit back and say this is okay! no! this is not okay! this is a crime against our freedom and our rights,it is what we have fought for and many died for,and we are not handing it over to a bunch of people in long black robes and dictators in our white house at this time.It is time for all Americans to stand together and vote them out! and we can Flip this around for our good.
 

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