According to sources, the following events have taken place.
- Justice Roberts initially voted to strike down the individual mandate
- He wrote the opinion to strike down the mandate.
- Sources say he felt outside pressure to uphold the mandate.
- He changed his mind.
- He wrote the majority opinion.
It is rare for a Justice to write both the majority and dissenting opinion. What happened? Was Justice Roberts coerced?
According to Salon.com, Justice Roberts wrote both the majority opinion and the dissenting opinion.
CBS News’ Jan Crawford reported that Chief Justice John Roberts switched his vote in regard to upholding the bulk of the Affordable Care Act. Crawford reports that Roberts voted with the rest of the court’s conservatives to strike down the individual mandate, but in the course of drafting his opinion changed his mind, and ended up siding with the court’s four liberals to uphold almost all of the law.
It’s hard for me to believe that Roberts took this position in ignorance…he’s been in the game too long. Something happened towards the end of the process.
Volokh.com, a blogging site of legal professionals, says Roberts may have been pressured.
Back in May, there were rumors floating around relevant legal circles that a key vote was taking place, and that Roberts was feeling tremendous pressure from unidentified circles to vote to uphold the mandate.