by Josh Hammer at RealClear Politics
At his 2005 Senate confirmation hearing to be chief justice of the United States Supreme Court, John Roberts famously invoked America’s national pastime in describing his view of the judicial role in our constitutional order: “Judges are like umpires. Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see the umpire.”
If only!
Unfortunately, Roberts’ actual career on the high court has been one extensive repudiation of his lofty “umpire” proclamation. In exalting above all other concerns his personal conception of the institutional integrity of the Supreme Court, and by extension the entire judiciary, Roberts has ironically done more than anyone else to delegitimize the courts. His recent wildly out-of-line criticism of President Donald Trump’s call for impeachment of a rogue lower-court judge is just the latest example. For the court’s own sake, in these politically tense times, Roberts must change course immediately.
Roberts first showed his hand in the landmark 2012 Obamacare case, National Federation of Independent Business v. Sebelius. As was initially reported by CBS News’s Jan Crawford in the immediate aftermath of the decision and subsequently reported in later years by other court watchers such as CNN’s Joan Biskupic, Roberts initially intended to rule against the constitutionality of the health care law’s individual mandate — its most controversial feature.
But at some point during the court’s deliberations,…
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