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Discord At Supreme Court Is Deep and Personal



  
(CBS News) Discord at the Supreme Court is deep and personal after Chief Justice John Roberts' surprise decision to side with the liberal justices in upholding a large portion of the president's health care plan. This discord is going to affect this Court for a long time - and no one has any idea how it will be resolved.

Conservatives feel a sense of betrayal. They feel that Roberts changed his mind for the wrong reasons.

If Roberts had been with the liberals from the beginning, sources tell me that would have been one thing; but switching his position - and relatively late in the process - infuriated the conservatives.

Of course it's unclear why he switched. He may have been focused solely on the law. But that is not what some of his colleagues believe.

Roberts initially sided with the four conservatives to strike down the heart of the health care law - the individual mandate, the requirement that all Americans buy insurance or pay a penalty.

When he changed his mind and joined with the liberals to uphold the law instead, he tried furiously - with a fair amount of "arm twisting" - to get Justice Anthony Kennedy to come along. Kennedy sometimes breaks with conservatives, so Roberts likely saw him as his best hope.

But on this issue of federal power, Kennedy was firm. The conservatives refused to even engage with Roberts on joining his opinion to uphold the law. They set out writing their own opinion - they wrote it to look like a majority decision, according to sources, because they hoped Roberts would rejoin them to strike down the mandate. Kennedy relentlessly lobbied Roberts until the end to come back. Of course he did not, and the conservatives' decision became a dissent.

Now this conflict has been brewing for some time. You can trace it back to the first full term of the new Roberts Court. That term had several controversial cases, including school busing and abortion. Liberal justices thought Roberts had signaled he would be open to compromise and be more moderate. But he sided with conservatives that year, making the liberals feel misled. They were furious. As one said at the time: "He talks the talk, but won't walk the walk."

Conservatives were angry at Roberts, too - they thought he gave the liberals false hope. He ended up just pushing them further away.

That tension eased over the summer of 2007. But this conflict among conservatives - after Roberts "walked the walk" with liberals - may take much longer to resolve.

It's not unheard of for the Court to erupt into conflict; Bush v. Gore in 2000 was a famous example. But some people say you would have to go back nearly 70 years to see this kind of tension, and almost bitterness, that now exists among the justices.


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Topics : Law_CrimePolitics
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People : Anthony KennedyBushJohn Roberts
07/10/2012 7:22AM
Discord At Supreme Court Is Deep and Personal
Please enter your comments below.
07/10/2012 7:42AM
Of course there will be tension.
People are noticing that Scalia and Thomas are completely unqualified for bail bondsman, to say nothing of Supreme Court Justices. Would you want to work with people of that caliber?
07/10/2012 9:41AM
An open letter to 30 million Americans.
Dear countrymen: Republicans want to deny you the opportunity to get a medical checkup. They also want to disenfranchise you and take away your Constitutional right to vote. They're quite craven. Remember them in November.
07/10/2012 12:04PM
MY COUNTRY
THIS IS NOT THE COUNTRY I GREW UP IN. WHEN I WAS A CHILD GROWING UP ON THE UPPER EAST SIDE OF BUFFALO IN THE 60S AND 70S I REMEMBER FEELING THAT WE WERE SUPERIOR AND INVINCIBLE AS WE STOOD "ONE NATION UNDER GOD". WHAT HAPPENED TO MY GREAT COUNTRY THAT THE WORLD RESPECTED AND REVERED? WHAT EVER HAPPENED TO "GOD"? HAVE PEOPLE FORGOTTEN THE PRINCIPLES THIS COUNTRY WAS UPON? SHAME ON OUR ELECTED OFFICIALS FOR BRINGING US DOWN TO THIS LEVEL, AND SHAME ON US FOR BEING SELFISH AND THINKING ONLY OF OURSELVES INSTEAD OF THE GREATER GOOD AND PUTTING THESE PEOPLE IN OFFICE. AND WHY IS HILLARY CLINTON APOLOGIZING TO PAKISTAN?REALLY?!!!!!! WHAT THE HELL IS GOING ON? ALL I KNOW IS THIS IS NOT MY COUNTRY AND BARAK OBAMA IS NOT MY PRESIDENT.SHAME,SHAME, SHAME! BUT IN SPITE OF IT ALL I AM TENACIOUS AND I WILL CONTINUE TO DEBATE AND DEFEND MY BELIEFS AND MY PARTY(REPUBLICAN)TILL THE DAY I DIE , WHICH WITH OBAMACARE MAY BE SOONER RATHER THAN LATER DEPENDING ON WHAT MALADIES BEFALL ME.i' 49 YEARS OLD AND THE MOTHER OF 6 WONDERFUL REPUBLICANS,THEY WERE RAISED RIGHT
07/10/2012 2:34PM
So Why are Liberals So Rigid?
So we have a conservative (Kennedy) that sometimes side with the liberals and in this case, a conservative Chief Justice even sided with the liberals. Does anyone ever wonder why NO liberals ever have to shift his/her position? Why are they so rigid?
07/10/2012 4:44PM
Dictating mandates is "Dictatorship"
Claiming someone will be denied medical treatment if we don't have Obamacare is a lie. What will change? I contend that most of the uninsured simply can't afford insurance. Most workers with insurance pay a significant portion of the cost. Unions and government employees are amoung the few that get it almost for free. If the poor could afford medical insurance they would have it. What magic has occurred that will suddenly allow them to afford it now. Where will these same poor get the money to pay the fine. The government will get it from the taxpayers and give the treatment for free and require doctors to take a reduced payment. Why should they be required to do that? Roberts didn't vote on the Constitutionality of this law, as is required of the Justices, he determined how it has to be paid for to make it Constitutional. How to pay for things is not part of the powers granted to the Supreme Court. What and how to pay for something is the sole power of the Congress (Senate & Legislature). He should be ashamed of him self and so should all the other Justices that voted for this for the same reason. This law has to be repealed. Let us not forget that the power to repeal is also granted to Congress.
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