The Spine of Justice Roberts
The Supreme Court’s chief justice seems to have something other than the Constitution as his top priority.
J.B. Shurk | May 10, 2026
I do not like Chief Justice John Roberts. I think his loyalties lie more with defending the entrenched powers of the political Establishment than with defending the Constitution of the United States. I find his jurisprudence squishy. Although his decisions could be described as advancing, more often than not, conservative viewpoints, Roberts does not seem to have a consistent philosophy guiding his opinions.
Roberts is a pragmatist. He surveys the mood of the country and considers how the rest of the members of the Court will vote on any case, and he chooses a position that he feels will best preserve the institutional longevity of the Judicial Branch. Roberts is, in other words, more interested in maintaining the power of the branch that he embodies than in making tough, but correct, decisions.
None of Roberts’ rulings better exemplifies this pragmatic, amoral approach to jurisprudence than his 2012 decision to save Obamacare by redefining the individual insurance mandate as a tax, rather than as a penalty. During oral arguments, the Obama administration barely addressed the possibility that the mandate could be seen as a tax. Democrats did not want to admit that nationalizing health insurance would increase costs for Americans, and the word “tax” certainly implies that prices will rise (which they did).
President Obama had been haranguing the Court for over a year that should it strike down his signature welfare legislation putting the federal government in control of American medicine, the decision would be disastrous for the American people and render the Court illegitimate. Roberts lives in the D.C. bubble. All his friends live in the D.C. bubble. The Democrat-controlled corporate news media reflect the prevailing opinions of those who live within the D.C. bubble. So Chief Justice Roberts chose to avoid leftist backlash (and to protect the Establishment’s sizable financial investments in government-controlled, socialized medicine) by aligning himself with Justices Ginsburg, Breyer, Sotomayor, and Kagan.
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