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The next segment tonight let's get reaction to my talking points memo Charles Krauthammer joins us now from Washington so where my gone wrong here Charles.
Well you have to one factor in roberts' decision.
I'd really view that part of the reason he wanted to -- a little by all means anyway and looking for this.
You -- relatively.
Flimsy -- Was that he's a conservative and conservatives do not like to overturn.
Major pieces of legislation that is true.
But is that where the case how come that didn't apply to the four other conservatives.
On the court.
The difference is that Roberts is -- chief justice and I think what you're overlooking.
Is this sense that he has.
His institutional duties.
As the Chief Justice of the United States he sees part of his or over a major part.
Has maintaining its prestige and standing and he thought mistakenly in my view.
But he thought.
That by overruling such a sweeping piece of legislation.
That had been discussed in the congress for a year and a half and duly passed.
He would be exposing the court.
To the charge from Democrats.
We already heard intimations -- from the president and from of course a mainstream media.
That the court was acting politically and partisan way and they would go back to the gore V bush decision.
In 2000 with a court split.
And save this was a partisan act OK -- ice -- was intimidated.
Okay there's no word I would advise that you must be you must have -- he paid for that ESP one of -- PS ST you must act.
I've -- assessed dramatic Rowell Riley Sandra it's.
A lot of people that.
Now I just gonna say he's intimidated he was intimidated.
Because he's not looking at -- that the case.
He's looking at the impact of the case and you can't do that you can't do that we hear it -- with the -- Chief Justice or.
One of the other judges you've got to roll on what the founding fathers intent was in the document not what it's gonna play out in.
On the liberal press -- -- that's precisely where I think he went wrong and the irony is this he tried to give a ruling that was designed.
To look nonpartisan in neutral and that have the court escape.
Charges of political action.
In fact he ended up doing exactly the opposite the only way to explain what he did.
Is that as Chief Justice he wanted to appear nonpartisan.
He wanted to produce a decision.
Were left and right -- agreeing on the main.
And I could even possibly think that the right was to agree with the taxation.
What what it in the presentation.
The Obama administration's Justice Department lawyers presented 31 pages to the Supreme Court arguing that the individual mandate should be of help.
They presented eleven pages arguing that they had the power to tax so by our breakdown at 74%.
Of the time was spent on.
Upholding the commerce clause so call which justice -- struck down.
26 on the tax argument how did he think that conservatives we're gonna say oh yeah punitive taxation.
Coercive taxation that's what we want the American federal government to -- that's it goes against our whole history as I made the Tea Party reference.
Look I think you're right you should probably ask him I'm just his psychiatrist here.
I'm trying to explain to you know that this is a man who's footing so Smart you know he's not a -- be so small.
I can't see I didn't.
On -- that because I went -- he says he's too Smart for.
I'll I'll turn it on you so why did he do it comes -- Smart I have a theory but it's just a theory and speculative and I hate to say that but I will for a moment.
And add to that Anthony Kennedy.
We now know.
Tried every way to get Roberts to stop.
This madness in Kennedy's opinion because he told him look use you're.
Grasping do you try to find any way so he he had a knowing conversations with a guy like Kennedy we asked for respect.
That what the whole balance was now why did he do it.
I think he did it because he doesn't want the court to be putting these positions.
Any -- he wants the electorate to step up and vote for the kind of country they want as I said that's the message he says you don't like my rolling.
Vote these people out in November.
Change the government you don't like it change stole dole.
Rely on -- Supreme Court my court okay to start legislating from the bench I think that's what this is all about.
But if he believes that he should retire and abolish the court.
If all you're saying is that the court shouldn't.
Be an instrument to overturn the law and let people decide on all cases on their own.
Saying he's out of a job in the courts out of a job of it makes no sense I think we're -- we're left with.
The least implausible explanations.
Is that he thought he would.
The perception of neutrality in the court.
And he ended up doing exactly the I'll get the Charles answer me this if he thought that he knew we had four dissenters who were going crazy.
He didn't think that those four brilliant conservatives.
Are not -- Kenny with three.
Bullying conservatives and one independent who right leaning guy was gonna reflect.
The rest of the country that believes that -- -- doesn't make sense.
They tore him apart religious form of martyrs and how he's gonna be torn apart is that there is nothing left of the tax argument.
After you read the -- like he himself admitted I mean he has there's there's -- there's an element of his decision.
-- -- -- the anti injunction act where you're not allowed to sue.
The government -- over a tax until and unless it's already been implemented.
Obviously that would apply to this so in other words the entire suit against obamacare is -- how does how does -- get around it.
He actually writes that for the purposes of the constitution.
Its attacks but for the purposes of the anti injunction act it's a penalty.
That's completely illogical I did you -- I had to know was a logical so I'm going back and I think the guy just didn't want.
These cases he wants to put it back to the public.
And he had us.
He happens and put it back to have a they got to decide -- -- -- -- that's where I got a degree in psychiatry so I can see a little bit deeper -- that's true but not only in psychiatry Charles you -- a little bit deeper in every area and I.
Well I wouldn't go quite that far off.
I'm sure you'll spend.
Sure I -- when I thought that I'd like I don't notre -- motorized and sign at a copy sorry don't edit BI got so many apologies I got to make -- -- jaws on the left.
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