Also in this playlist...
This transcript is automatically generated
Now we have some rare insight this evening into how the Supreme Court.
Reached its decision to uphold president Obama's health care law it turns out the ruling almost went the other way.
Well -- it was a -- that no one would have expected Chief Justice John Roberts who was supported by president George W.
Bush to lead this court.
And a more conservative direction initially was poised to strike down the key part -- -- health care a lot but then he changed his mind and the -- com.
Of this entire case.
CBS news and is legal correspondent Jan Crawford breaking the story here a story earlier this week that Chief Justice John Roberts.
Originally sided with conservatives on the court about the about a -- Obama -- mandate.
And then while riding the decision changed his mind the rest.
As they say is history.
Jim the question is how did CBS get that info and and what does it mean for coverage of the court going forward I -- -- -- isn't very good reporters.
We can assume that she got it from.
Of another justice.
-- -- a lot of detail about Anthony Kennedy you know spending that was that a month trying to get Roberts on this decision.
It opens up a whole new.
-- for leaks and then.
To come from -- for information wants to be free and including the court -- that it does seem strange I mean Judy the Supreme Court has been sort of.
A bastion of secrecy up till now.
Well what has fan and you could see that from reporting in the lead up to this split decision win just about everybody.
Including Jeffrey Toobin who's much respect and -- got it wrong.
And I think -- that's actually speaks well for the court it's one of the few places where you.
Can keep a secret or at least -- could keep a secret until.
This reporter this very enterprising an excellent Chan proffered report here.
Gave us some genuine news and insight into the court.
-- night I'm certain that as the liberal you are pleased with the ruling anybody here you know.
I thought about the fact I mean did the coverage.
Person waved to the Chief Justice to change his mind and itself -- -- in -- that they you know he he must have done it because he wanted to please the liberal media or -- the White House or -- the establishment.
You know if he did change his mind at the last minute much like.
And Justice Kennedy did in the Casey vs Pennsylvania abortion ruling a number of years ago 1992.
We don't know why -- -- until he decided to speak up about it we're not -- -- know but the right wing media has decided it must have been for some nefarious reason well -- looked out there were a bunch of articles there were a bunch of articles warning of damage to the court if this became another 54 decision.
With -- the majority.
-- certain people are calculated based on John Roberts -- background and his fielding to the constitution and the image of the court.
That he could be persuaded that's why you had Patrick Leahy senator from Vermont.
Making an unprecedented speech on the senate floor about what the court ought to do this was a major campaign the most interest thing I thought to insight into this came from Paul Rothstein.
Professor of law and John Roberts teacher at Georgetown University Law School.
Who got on WT OP radio in Washington and talked about everything influencing Roberts except the constitution.
He wanted to seem to be fair he didn't want to you know being be characterized as being.
Uncaring or or -- responsive to people who didn't have health care he had good health care he was in business for awhile -- -- you have nothing about it.
I think -- is that where impugning his integrity yet the media did very little coverage for example only the LA times covered.
And the two justices Scalia and Thomas who defeated at a dinner sponsored by the law firm that argued against the health care law that media hardly ever covered that only hear about -- impugning on the proper integrity I think that's your I don't think how much -- -- -- as a sort of observing.
As as cal suggests there's a love campaign.
Robbers and come our way come away as Howard Kurtz summed it up there and you'll see this right of the media's man crush.
-- I did Roberts is -- we'll work what about that Judy because prior to the issuing of his.
Ruling it in much of the media John Roberts was a conservative patsy and then all of a sudden he becomes the man of the hour.
When he votes to uphold obamacare with -- and I'll talk about a flip flop I mean this is of the media on us on -- kind of flipping on on this man who had been Satan incarnate.
Just before this decision I think.
It once again the media are going to be disappointed because you can make an argument.
That chief Justice Roberts was actually doing acts.
To preserve -- -- on status and legitimacy of the court.
That he remains extremely conservative and that many of the other decisions will continue to be conservative in a five to four -- If you go back in history though we'll start -- brown vs board of education 1954.
Do you go back to the rulings on prayer and Bible reading the public schools in the early sixties even if you go to Roe vs.
Wade in the early seventies one of the most controversial rulings ever.
I don't recall the media campaigning.
For an outcome in any of those cases the way they did in this one I think.
That's what's on what -- it always the media's fault when things uncle conservative play social media I think they -- somebody and I put it back it must have succumbed to the liberal media there's no other explanation you don't think he's right he's induced double -- -- -- I would help hello I'm not.
-- a jump on people from the me.
The book the real issue here is not whether the media and then didn't advance but -- afterwards that's Palestinians is a carrot and -- send it necessary -- -- sit in judgment justice Rehnquist got a bad press all -- -- -- he was conservative -- Earl -- I mentioned last week and others other Supreme Court justice including Harry -- -- -- decision.
These people become giants in the minds the media.
After they do the right thing as far as it's always the conservatives that are put upon by the evil little immediately -- you've got it right the idea it's a war or acts conservative rewarded but I think -- and -- and and liberals -- -- rewarded conservatives never get the plaudits they deserve exactly let's talk.
Let's talk about public awareness of all this -- Pew Research Center did a study found that 55%.
Of Americans new look.
That the health care ruling had been largely upheld.
They also found that 15%.
Thought the court rejected most of the law and 30% didn't know.
Anything about what it happen is there a little bit of education and needs to be done in media I think we need to worry about the education level of the American people.
In general including some of the media but not all -- there -- it was a confusing decision.
There were two parts of that one of which involved whether or not the commerce clause to celebrate commerce clause was going to be -- and and the other part went against the red Ford isn't so it was continue to -- people thought it would turn on the come out.
-- up next.
Filter by section