To Rule, or Not to Rule, That Is the Question

The airwaves and blogs are atwitter with comments about how Justice Roberts has abandoned the conservative ship and set sail to the "left" side of the vast oceans of judicial statesmanship.  I've heard some pretty venomous stuff coming from my conservative brethren, and it pains me -- not only because I think we should stay away from such hostilities (not that I've always been serene, mind you), but more importantly because I believe they are wrong. Imagine John Roberts had written something like this: Yet cases may readily be imagined, in which a tax may be laid ... upon motives and grounds wholly beside the intention of the constitution.  The remedy, however, in such case is solely by an appeal to the people at the elections;  or by the salutary power of amendment, provided in the constitution itself. Folks would still be pretty upset.  Right?  After all, that's pretty much what he said. Would everyone still call him an activist judge?  A liberal in...(Read Full Article)

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