Chief Justice John Roberts committed conservative apostasy when he voted not once, but twice, to uphold the Affordable Care Act—two votes that have become the right wing's obsession. That's why Roberts was batted about by GOP candidates at the last presidential debate. It also lead to
this ad, which aired during the debates, urging voters to demand judges that "uphold the Constitution" and warning, "We can’t afford more surprises," as images of Justices David Souter, Anthony Kennedy, and John Roberts flashed on the screen. But by most reasonable counts, Robert's decade-long record on the Supreme Court skews very conservative,
reports Adam Liptak.
He was in the majority in 5-to-4 decisions like Citizens United v. Federal Election Commission, which amplified the role of money in politics; Shelby County v. Holder, which destroyed the heart of the Voting Rights Act; and District of Columbia v. Heller, which identified an individual right to bear arms.
When the court ruled in favor of same-sex marriage in June, again by a 5-to-4 vote, Chief Justice Roberts dissented. He summarized his dissent from the bench, a first for him and a move signaling profound disagreement.
And so the right’s case against the chief justice is thin, said Steven R. Shapiro, the legal director of the American Civil Liberties Union. “The reaction is almost entirely due to the two health care decisions,” he said, “and there is nothing else in his record that should be disappointing.”
Never mind that in 5-to-4 cases, Roberts cast conservative votes 85 percent of the time, according to a study by The Journal of Legal Studies. That's how the right rolls—one mistake and you're out. It's their no-gray-area mantra: You're either with us, or you're against us. Roberts has fallen on the wrong side of that equation.