Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.
~ Thomas Jefferson

Sunday, July 1, 2012

Roberts A True Conservative? I don't think so.

Reading "'puter's" post at The Gormogons labeled "Chief Justice Roberts Creates A Schrodinger's Tax", I am left a bit confused. I find Justice Thomas far more conservative than Roberts has ever been, yet he dissented from Robert's opinion along with Kennedy, Alito, and Scalia. Nonetheless, 'puter raves about how Roberts proved so appropriately conservative in his decision.

This is at variance with much else I have read. At Forbes, Avik Roy writes about something I have read in several other locations, that the dissent was written in such a manner as to cause one to believe it was originally the majority opinion, until Roberts changed his mind. If he was such a puissant and dedicated conservative, how could he have waffled in his decision? Why is it that Kennedy - who I would have expected to vote with the liberals - was such a strong supporter of the actual conservative members of the court?

Why didn't Roberts make the diminishment of the Commerce Clause a functioning part of the majority opinion, instead of mentioning it in an aside that establishes no possibly of precedent, that does not weaken the Left's construction of the Commerce Clause as their personal weapon for controlling all American activity, public and private?

Jan Crawford, Chief Legal Correspondent at CBS News - not exactly a font of conservative opinion - wrote an article detailing her belief that Roberts switched his views. As she had interviewed several of the justices personally, there is good reason to believe her statements are accurate. The outcome of this sad affair tends to logically support these contentions made by Roy and Crawford.

I also read at the Cold Fury blog some quotes from an article by Mark Levin concerning his reasoning on the damage done by Roberts, along with the notion that Roberts did not provide any substantive assistance in curtailing the misuse of the Commerce Clause that the government has been abusing for so many years and administrations.

So, as much as I respect 'puters erudition and insight, I believe he may be calling this one inappropriately and in error. My first clue was in hearing him speak of Roberts as a champion of conservatism, but I find other reasons to doubt his premise as well.

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