Until last week, Chief Justice John Roberts was vilified as the leader of a conservative judicial cabal poised to destroy the Obama presidency by overturning the federal takeover of health care. But with his unexpected affirmation, Roberts suddenly was lauded as the new Earl Warren — an “evolving” conservative who at last saw the logic of liberal big government.
Among our elites — journalists, pundits, and academics — liberal Supreme Court justices are always deemed “open-minded,” even as they are expected to vote in absolute lockstep liberal fashion. In contrast, a conservative justice is written off as reactionary or blatantly partisan when he likewise predictably follows his own orthodoxy — pressures that may well have affected Roberts if reports of an eleventh-hour switch in his vote are true.
No surprise, then, that a surreal discussion followed the recent ruling of the high court. Our legal establishment expected that the four liberal judges would not deviate one iota in their affirmation of the health-care law, even as it hoped that a conservative or two would show judicial character by joining the liberals.
Read more by Victor Davis Hanson at National Review
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