It has baffled me for years. Just like the FBI Director James Comey recent decision, Chief Justice John Roberts was all set to shut down Obamacare. He had every constitutional reason to do so. They had just proven Obamacare was unconstitutional:
But out of nowhere, he reverses course and pulls a fast one and claims Obamacare is a tax so it is refiled as a tax law. It made no sense. Why would a “conservative” Justice do that?
Well, now we know why. He is a coward.
A newly released email from WikiLeaks is showing that progressives worked to “scare” Chief Justice John Roberts into his vote to uphold Obamacare’s individual mandate provision in 2012’s National Federation of Independent Business v. Sebelius decision.
The June 2015 email from Neera Tanden, the President of Center for American Progress, discusses strategies for the forthcoming King v. Burwell decision for Hillary’s campaign.
“It is most likely that this decision has already been made by the Court, but on the off chance that history is repeating itself, then it’s possible they are still deciding (last time, seems like Roberts went from striking the mandate to supporting it in the weeks before),” Tanden wrote to Jennifer Palmieri and John Podesta. “As Jennifer will remember, it was pretty critical that the President threw the gauntlet down last time on the Court, warning them in the first case that it would politicize the role of the Court for them to rule against the ACA. As a close reader of the case, I honestly believe that was vital to scaring Roberts off.”
In the email, Tanden suggests that Hillary Clinton employ similar scare-tactics in the case of King v. Burwell in which the court eventually decided to ignore the plain language of the law in favor of an interpretation “that is compatible with the rest of the law.”
“I’m not arguing that Hillary spend a lot of time attacking the Court.” Tanden explained. “I do think it would be very helpful to all of our interest in a decision affirming the law, for Roberts and perhaps Kennedy to see negative political consequences to ruling against the government.”
The level of irony here is off the charts. The president warns Justice Roberts against politicizing the court by deciding against the Obamacare mandate, while behind the scenes, leftists like Neera Tanden freely admit that politicizing the court and it’s decision is exactly what they hope to do.