John Roberts’ “Can-Do” Doctrine Scandalizes Conservatives

“I will find a way or make one.” — Admiral Robert E. Peary, American explorer

“As between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the act.”  Justice Oliver Wendell Holmes

By all accounts, Chief Justice John Roberts believes that the Supreme Court of the U.S. should try to find a way to uphold  a law enacted by Congress, rather than declare it unconstitutional. In other words, declare a Congressional act unconstitutional only if it really is unconstitutional.

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John Roberts Is Man Of The Hour

Official 2005 photo of Chief Justice John G. R...

Official 2005 photo of Chief Justice John G. Roberts (Photo credit: Wikipedia)

The Supreme Court decision today on the Affordable Care Act, AKA “Obamacare,” shocked my system. It was the first jolt of optimism about the future of America that I’d felt in months. And I hadn’t expected to have any reaction at all.

Chief Justice John Roberts is the man of the hour. With one stroke he won for himself a place in American history.

I can’t claim full understanding of the High Court’s ruling upholding the Affordable Care Act. My gut reaction is it changes everything. It goes far beyond the legal issues at hand. This ruling might be the turning point that saves the American system.

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