Right-wing media figures are heaping harsh criticism on Chief Justice John Roberts for his opinion upholding the Affordable Care Act as constitutional. These critics ignore Roberts' record as Chief Justice, which is very conservative. But even this conservative justice recognized that the Constitution gives Congress the power to address the nation's health care crisis with the Affordable Care Act.
Breitbart.com editor-at-large Ben Shapiro blasted the Chief Justice:
I knew that Roberts was a bad pick because he didn't have a proven track record of adherence to the Constitution. He was picked by President Bush because Bush knew he didn't have a track record - and he knew that Roberts would sail through the confirmation process without a hitch.
That should have been an indicator that Roberts was a rotten pick. Nobody doubted Robert Bork's originalist credentials. Nobody doubted Clarence Thomas'. Nobody doubts Judge Janice Rogers Brown's. But nobody had any reason to buy into Roberts as an originalist. Yet they did.
Dan Gainor, Media Research Center's vice president for Business and Culture called the decision to nominate Roberts "awful."
Fox News Radio's Todd Starnes applied the "L word" to Roberts.
This attempt to paint Chief Justice Roberts as a closet liberal is absurd. Experts have called the Supreme Court under Roberts the "most conservative in modern history." As the leader of a five justice conservative majority, Roberts has played a leading role in decisions like Citizens United (empowering corporations and wealthy individuals to spend unlimited money in political campaigns); Wal-Mart (preventing women alleging sex discrimination from joining together to seek justice); Concepcion (allowing corporations to manipulate fine print in contracts to keep ripped off consumers from joining together in court); and Ledbetter (preventing a woman who was paid less than men from going to court).
Also, the U.S. Chamber of Commerce enjoyed a perfect year with the Roberts Court this term, winning every case in which the Court ruled on the position the Chamber took, according to a study by the Constitutional Accountability Center. (The Chamber took no position on the constitutionality of the Affordable Care Act, but merely argued that if the mandate were struck down, the entire Act should be invalidated). According to the study, the Chamber has not won every case in a term since at least 1994.
Rather than calling John Roberts names or trying to make the absurd case that he is a closet liberal, the right should simply acknowledge that their crusade to kill the Affordable Care Act failed because they lost the vote of the deeply conservative, Republican-appointed Chief Justice who heads one of the most conservative and pro-corporate courts in history.