Print Cardinal Lawyer Read Full Bio It's the Structure, Stupid: The Farce of Roberts' Obamacare Decision Roberts’ opinion, in Marbury v. Madison terms, was to decide to seat half of the 58 Midnight Appointees. That is, Roberts acted as a politician (making compromises), not a jurist (making Structure calls). Like an 1800s politician playing for favors between the Federalists and the Democrat-Republican factions, Roberts abandons Structure in favor of splitting the baby, dreaming up a bypass device to give a political victory to the Democratic party and another smaller consolation victory to the Republican party. 3 Jul 2012
It's the Structure, Stupid: The Farce of Roberts' Obamacare Decision Roberts’ opinion, in Marbury v. Madison terms, was to decide to seat half of the 58 Midnight Appointees. That is, Roberts acted as a politician (making compromises), not a jurist (making Structure calls). Like an 1800s politician playing for favors between the Federalists and the Democrat-Republican factions, Roberts abandons Structure in favor of splitting the baby, dreaming up a bypass device to give a political victory to the Democratic party and another smaller consolation victory to the Republican party. 3 Jul 2012