OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

Maybe Justice Roberts ended up voting to uphold 'Obamacare' to prevent Clarence Thomas from casting the deciding vote in the case. Calls to impeach Justice Thomas for not recusing himself based on his wife's financial interest in the outcome were renewed even though Thomas ended up in the minority.   If the law had been struck down 5-4, Thomas could be said to have cast the deciding vote, and those calls for impeachment would have been much louder.  Thomas would likely have brazened it out, and gotten away with that course, but the reputation of the Supreme Court would have taken another severe blow, perhaps comparable to the reactions to Bush v Gore and Citizens United.

Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

Similar things have happened before.  When he was Chief Justice, William Rhenquist occasionally switched his vote to turn a 5-4 majority into 6-3.  I believe he said it was because he didn't want an important case to be decided 5-4.  It also gave him the option of writing the majority decision, which he may have wanted so he could limit the scope of whatever precedent was set.

On December 31, 1974, Justice William O. Douglas had a stroke that left him with a paralyzed left leg and possibly with a cognitive deficit.  The other justices decided they wouldn't let Douglas cast a deciding vote, by postponing a final decision on any case in which the other eight were split 4-4.  By the next year, Douglas had retired.

So perhaps Justice Roberts voted in a surprising way on the Affordable Care Act case for the good of the Supreme Court as an institution.  

Extended (Optional)

Poll

If Roberts acted 'for the good of the Court' was it a good thing?

75%55 votes
23%17 votes

| 73 votes | Vote | Results

EMAIL TO A FRIEND X
Your Email has been sent.