Legal News

Justice John Roberts Switched Positions on Health Care Vote
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

Evidence has been presented that Supreme Court Justice John Roberts switched his position on the vote regarding health care reform. The report, from CBS News, said that Roberts originally was in the same camp as four conservative members of the court to overturn President Barack Obama’s individual mandate in the health care bill. When Roberts decided to change his mind about the individual mandate, he had to fight off efforts to change his mind for a month. The efforts to sway Roberts back to the overturn camp were led by Justice Anthony Kennedy.

“He was relentless,” an unnamed source said regarding the efforts by Justice Kennedy. “He was very engaged in this.”


It also seems that the spotlight of the public was a major factor in Roberts’ decision to switch positions along with the arguing inside the court. The report from CBS News said that Roberts follows what is reported in the media relentlessly and that with the reputation of his court on the line, an unnamed source said that Chief Justice Roberts began to waffle.

The ruling on the Affordable Care Act was issued on Thursday of last week, which is when suspicions began floating around about Roberts being scared by Justice Antonin Scalia. The Daily Beast published a theory from one of its readers who used to clerk for an appellate court. The theory is as follows:

“He certainly didn’t trust the dissenters, as he clearly instructed his law clerks to begin working on an alternative majority opinion (the final product was too polished and too long to have been written at the last minute). And he waited to see what was written.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

To go along with that opinion were some details that point to oddities inside the dissent written by Scalia care of The Volokh Conspiracy.

“Notice also that his response to Roberts is tacked on at the end, rather than worked into the body of whatever he was writing (see page 64 of his dissent). For example, one would have expected Scalia to directly take on Roberts’ application of the Anti-Injunction Act, but his brief section on that act only mentions what “the Government” argues (see pages 26-28).”

The mandate was upheld in a vote of 5-4 by the justices, with Roberts voting in favor of upholding the individual mandate. Some believe that Roberts does not have interest in preserving health care but instead to keep the capital of the court so it can be given other massive issues in the country.






Apply now

Associate Attorney

USA-CA-Rohnert Park

Zimmerman Pavone LLP is looking for an attorney admitted to practice in California who is inter...

Apply now

Labor & Employment Partner in Houston, Austin or Dallas (Work From Home)


Culhane Meadows PLLC, one of the largest non-traditional distributed law firms in the country, ...

Apply now

Labor & Employment Group partner in Dallas, Austin or Houston (Work From Home)


Culhane Meadows PLLC, one of the largest non-traditional distributed law firms in the country, is...

Apply now




Search Now

Personal Injury Litigator


Northern Virginia office of our client is seeking a personal injury litigator with 4+ years of stron...

Apply Now

Associate Attorney


Larkspur office of our client seeks an associate attorney with 4-6 years of experience/background pr...

Apply Now

Associate Attorney

USA-MI-Bloomfield Hills

Bloomfield Hills office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney wit...

Apply Now


To Top