Changing a penalty to a tax was not a clarification. Neither was it constitutional when Roberts rewrote it. Having authority isn’t the same as being right.
Except it was deliberately presented to SCOTUS as a penalty to avoid possible conflict over whether it originated in the house or the Senate. If the Senate, it was unconstitutional, and the final bill was from the Senate and was returned TO the house after being gutted. Roberts single handedly inflicted Obamacare on America.
That is highly debatable. The question before the Court was whether the penalty was Constitutional or not. There was speculation at the time that the ACA would fall with a ruling of it being unconstitutional. But as we now know, the ACA has survived pretty much intact with the advent of Congress eliminating the penalty. Many conservatives rail at Roberts for rescuing Obamacare, but the fact is, subsequent events have demonstrated that it would have survived regardless of which way the majority decision went.
That is an interesting concept. How should people feel who voted for B Obama in 2012? Should they feel shortchanged that B Obama’s nominee was not voted on in the Senate?
There has been more then one case where Roberts exposed his activist liberalism. In the recent Pennsylvania ballot case he sided with the liberal justices and whenever there is a 4-4 tie that POJ justice Roberts always votes with the liberal side and the only time he rules on the conservative side is when there is already a 5-3 majority. The man has established a pattern that can’t hide his flaming liberalism.