John Roberts

The Court and the Future of Everything You Hold Dear
October 19, 2012

You shouldn't read too much into John Roberts's recent display of jurisprudence.

An Affirmative Action Solution Even Conservatives Should Love
October 10, 2012

On Wednesday the Supreme Court heard arguments in Fisher v. Texas, the most important affirmative action case in a decade. The Court is sharply divided on the question of the permissibility of racial preferences in university admissions, and the questions posed by the justices reinforced the possibility that Fisher will produce a 5-3 decision pitting five conservatives who want to severely restrict if not eliminate affirmative action in higher education against three liberals who want to preserve it. (Justice Elena Kagan is recused because she worked on the case as Solicitor General).

The Conservative Legal Stars Who Presaged John Roberts' Health Care Decision
August 17, 2012

John Roberts's Obamacare decision followed conservative reasoning that even Paul Ryan should support.

Samuelson Endorses Medicaid Federalization
July 23, 2012

The Supreme Court’s Obamacare decision has moved another conservative into my corner on Medicaid. As I argued in my most recent TRB column (“States of Confusion”) Chief Justice John Roberts’s opinion inadvertently pushed the state-federal Medicaid program toward outright federalization by weakening federal control over the program. The federal government already provides a majority of Medicaid’s funding, and under the Obamacare expansion the feds will initially provide 100 percent of the funding for the newly-eligible before ratcheting that down to 90 percent.

Samuelson Endorses Medicaid Federalization
July 23, 2012

The Supreme Court's Obamacare decision has moved another conservative into my corner on Medicaid. As I argued in my most recent TRB column ("States of Confusion") Chief Justice John Roberts's opinion inadvertently pushed the state-federal Medicaid program toward outright federalization by weakening federal control over the program. The federal government already provides a majority of Medicaid's funding, and under the Obamacare expansion the feds will initially provide 100 percent of the funding for the newly-eligible before ratcheting that down to 90 percent.

Between the Lines
July 13, 2012

SOME VICTORIES prepare the ground for more victories; others lay the basis for future defeats. The great question for liberals about the Supreme Court’s decision on the Affordable Care Act (ACA) is which kind of victory it is. John Roberts’s decision to spare the ACA at least allows the president this fall to claim health reform as a major achievement. But the chief justice’s new limits on the scope of the Commerce clause and federal spending powers may put future reforms at risk of being struck down and require liberals to rethink their approach to national policy.

Big Chief
July 13, 2012

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States of Confusion
July 13, 2012

The Supreme Court’s decision in the health care case is best understood as an attempt to maximize damage to established legal precedent while minimizing damage to the particular law under consideration. On the one hand, Chief Justice John Roberts wanted to maintain the Supreme Court as a playpen for anti-government sophistry. On the other, Roberts wanted to avoid getting pilloried as a right-wing extremist who doesn’t care whether people get health insurance or not.

A Texan on Perry's Medicaid Rejection: 'Devastating'
July 11, 2012

Texas Governor Rick Perry on Monday said that he wants no part of the Affordable Care Act’s expansion of Medicaid. Perry isn’t the first Republican governor to take this position. Five others, including Florida’s Rick Scott and Louisiana’s Bobby Jindal, announced their opposition to the expansion last week.

The WSJ Editorial Page Has, Er, A Point
July 03, 2012

My first reaction to the conservative fulminating against John Roberts was that the right doesn’t realize how good they have it. The chief justice finds a way to limit future government activism while preserving (actually resurrecting) the nonpartisan standing of the Supreme Court, and all for the low-cost of a affirming domestic program that, while no doubt detested, was democratically enacted, and conservatives can’t find something nice to say about him?

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