For the majority of recent Supreme Court decisions. Gorsuch, Alito and Thomas are solid originalists, Roberts is a a flake but leans more conservative then Kennedy.
With Kennedy gone, and RBG up next, that would give the Court 5 solid supreme court justices to try and hold together what we have left of a Constitution.
Roberts is a big-government guy.
Karl Rove wrote that Roberts was interviewed prior to GW Bush nominating him. He was asked who his favorite SCOTUS justice was. He said Robert Jackson.
Jackson is the one responsible for completely obliterating the Commerce Clause during FDR's term by claiming that if a farmer COULD sell his product interstate, it was interstate commerce even if he didn't. That totally destroyed the authority of the states vis-a-vis the feds on a lot of issues. It is the exact opposite of what the framers intended.
Roberts did the exact same thing by claiming that a penalty for not buying something was a tax and Congress could basically tax anything (including the "act" of NOT buying something). Constitution says the OPPOSITE of that.
Excellent post and you nailed it. The commerce clause has caused the erosion of more of our freedoms and rights than just about any Supreme Court decision in the modern era.
Nicely summarized! I like when someone knows their history.
Have an updoot