Was John Roberts intimidated into ruling in favor of Obamacare?

June 18, 2013

Writer

Glenn has always been a fan of Senator Mike Lee (R-UT), and this morning, Sen. Lee joined the radio program to talk about his new book Why John Roberts Was Wrong About Healthcare. In the book, Lee examined how several Democrats targeted Roberts and claimed his legacy would be tarnished if he didn't uphold Obamacare and that by looking at the dissenting opinion it appears Roberts may have switched his vote.

“Mike Lee is a friend of mine and one of the really good guys in Congress,” Glenn said. “Senator Mike Lee is a guy who knows the Constitution inside and out and is a fierce, fierce opponent of anybody who stands against it.”

In his new book, Sen. Lee explains how the Supreme Court ruled on the Affordable Care Act last June and why he thinks Chief Justice John Roberts may have been intimidated into changing his vote.

“So in my book, I explain what the Supreme Court did when it upheld this law. Even after finding this it exceeded Congress' authority under the Constitution, the Supreme Court rewrote it in order to save it. Rewrote it not just once, but twice,” he said. “As I pointed out in the book, there are a lot of indication that Chief Justice Roberts may well have taken a different approach right after oral argument, but then changed his position. And it just so happens that it was during that same period of time, between the oral argument and the time the court issued the opinion on June 28 of last year, that there was a real campaign of intimidation by a lot of Democrats in the Senate, and also by the White House.”

During that period of time, Sen. Lee points to the statements made by many Democrats regarding how history will remember Roberts and how his credibility and legacy will be irreparably tarnished if he did not uphold Obamacare.

Furthermore, Sen. Lee, a former Supreme Court clerk for Justice Samuel Alito, describes the unusual tone of the dissenting opinion that led him to believe it may once have been written as the majority opinion.

“First of all, the mere fact that the dissenting opinion was written in many respects in the language of a majority opinion – it self-suggests to me that originally, Chief Justice Roberts was going to be part of what would have been a majority opinion,” Sen. Lee explained. “It doesn't sound like a dissent. It refutes the arguments put forward by the government more than it does direct itself primarily toward refuting the arguments of the opinion of the court.”

“There are a lot of people that said, ‘Oh, look how great this is. He's coming across the aisle,’” Glenn said of Roberts’ vote.

“Yes, and I specifically address that point,” Sen. Lee responded. “What I explain is there is no aisle in the Supreme Court. There is no aisle on that bench. Either literally or figuratively.”

The culture of the Supreme Court, according to Sen. Lee, is such that once a justice is confirmed by the Senate, the significance of whether one is appointed by a Republican or Democrat becomes “completely irrelevant.”

“So what I do is try to debunk systematically these argument that is suggest that this may have just been a brilliant move by John Roberts to try to preserve his reputation as Chief Justice,” Sen. Lee said. “It is not about reputation. It is about the right answer under the law. The right answer was not to rewrite the thing in order to save it.”

One of the primary problems with the Supreme Court’s decision to uphold the law was the reasoning behind it. Obamacare was unable to pass the Democratically controlled House and Senate as a ‘tax’ because it was so politically toxic, and yet the Supreme Court ruled in favor of the law based on the fact that it is, in fact, a tax.

“It required a difficult act of legal gymnastics,” Sen. Lee said of Obamacare’s upholding. “As I explained, what [Roberts] did was to say you know, I know this appears to be a penalty. And, in fact, he found that it was a penalty and not a tax for purposes of the anti-injunction action, which had he reached the opposite conclusion would have said the court couldn't even address this case right now, probably for another two years after that.”

Basically, the Supreme Court ruled the ACA is a penalty for some purposes and a tax for others. When it came to the Constitutional analysis, the law ultimately had to be ruled a tax or else it would have been unconstitutional.

One of the primary reasons Sen. Lee chose to write this book is because the issue is much larger than any single law or Supreme Court decision. Stu pointed out his personal frustration with the fact that it always seems people on right are compromising, while those on the left rarely do. “It’s never Justice Ginsberg,” Stu said.

“The quickest explanation, the natural gravitational pull in Washington is towards bigger government and toward the erosion of the separation of powers along the vertical and horizontal axes,” Sen. Lee said. “That is the natural gravitational pull in this city. The reason we have hope is that the national gravitational pull the American people feel is not in that direction. Momentum is starting to move and it is moving in our favor. I explained in the book, we can move it, but we have to motivate people to expect more.”

“It's always a pleasure and I'm glad that you are in Congress,” Glenn said. “Senator Mike Lee, thank you so much for everything that you do. God bless.”

What our response to Israel reveals about us

JOSEPH PREZIOSO / Contributor | Getty Images

I have been honored to receive the Defender of Israel Award from Prime Minister Netanyahu.

The Jerusalem Post recently named me one of the strongest Christian voices in support of Israel.

And yet, my support is not blind loyalty. It’s not a rubber stamp for any government or policy. I support Israel because I believe it is my duty — first as a Christian, but even if I weren’t a believer, I would still support her as a man of reason, morality, and common sense.

Because faith isn’t required to understand this: Israel’s existence is not just about one nation’s survival — it is about the survival of Western civilization itself.

It is a lone beacon of shared values in the Middle East. It is a bulwark standing against radical Islam — the same evil that seeks to dismantle our own nation from within.

And my support is not rooted in politics. It is rooted in something simpler and older than politics: a people’s moral and historical right to their homeland, and their right to live in peace.

Israel has that right — and the right to defend herself against those who openly, repeatedly vow her destruction.

Let’s make it personal: if someone told me again and again that they wanted to kill me and my entire family — and then acted on that threat — would I not defend myself? Wouldn’t you? If Hamas were Canada, and we were Israel, and they did to us what Hamas has done to them, there wouldn’t be a single building left standing north of our border. That’s not a question of morality.

That’s just the truth. All people — every people — have a God-given right to protect themselves. And Israel is doing exactly that.

My support for Israel’s right to finish the fight against Hamas comes after eighty years of rejected peace offers and failed two-state solutions. Hamas has never hidden its mission — the eradication of Israel. That’s not a political disagreement.

That’s not a land dispute. That is an annihilationist ideology. And while I do not believe this is America’s war to fight, I do believe — with every fiber of my being — that it is Israel’s right, and moral duty, to defend her people.

Criticism of military tactics is fair. That’s not antisemitism. But denying Israel’s right to exist, or excusing — even celebrating — the barbarity of Hamas? That’s something far darker.

We saw it on October 7th — the face of evil itself. Women and children slaughtered. Babies burned alive. Innocent people raped and dragged through the streets. And now, to see our own fellow citizens march in defense of that evil… that is nothing short of a moral collapse.

If the chants in our streets were, “Hamas, return the hostages — Israel, stop the bombing,” we could have a conversation.

But that’s not what we hear.

What we hear is open sympathy for genocidal hatred. And that is a chasm — not just from decency, but from humanity itself. And here lies the danger: that same hatred is taking root here — in Dearborn, in London, in Paris — not as horror, but as heroism. If we are not vigilant, the enemy Israel faces today will be the enemy the free world faces tomorrow.

This isn’t about politics. It’s about truth. It’s about the courage to call evil by its name and to say “Never again” — and mean it.

And you don’t have to open a Bible to understand this. But if you do — if you are a believer — then this issue cuts even deeper. Because the question becomes: what did God promise, and does He keep His word?

He told Abraham, “I will bless those who bless you, and curse those who curse you.” He promised to make Abraham the father of many nations and to give him “the whole land of Canaan.” And though Abraham had other sons, God reaffirmed that promise through Isaac. And then again through Isaac’s son, Jacob — Israel — saying: “The land I gave to Abraham and Isaac I give to you and to your descendants after you.”

That’s an everlasting promise.

And from those descendants came a child — born in Bethlehem — who claimed to be the Savior of the world. Jesus never rejected His title as “son of David,” the great King of Israel.

He said plainly that He came “for the lost sheep of the house of Israel.” And when He returns, Scripture says He will return as “the Lion of the tribe of Judah.” And where do you think He will go? Back to His homeland — Israel.

Tamir Kalifa / Stringer | Getty Images

And what will He find when He gets there? His brothers — or his brothers’ enemies? Will the roads where He once walked be preserved? Or will they lie in rubble, as Gaza does today? If what He finds looks like the aftermath of October 7th, then tell me — what will be my defense as a Christian?

Some Christians argue that God’s promises to Israel have been transferred exclusively to the Church. I don’t believe that. But even if you do, then ask yourself this: if we’ve inherited the promises, do we not also inherit the land? Can we claim the birthright and then, like Esau, treat it as worthless when the world tries to steal it?

So, when terrorists come to slaughter Israelis simply for living in the land promised to Abraham, will we stand by? Or will we step forward — into the line of fire — and say,

“Take me instead”?

Because this is not just about Israel’s right to exist.

It’s about whether we still know the difference between good and evil.

It’s about whether we still have the courage to stand where God stands.

And if we cannot — if we will not — then maybe the question isn’t whether Israel will survive. Maybe the question is whether we will.

When did Americans start cheering for chaos?

MATHIEU LEWIS-ROLLAND / Contributor | Getty Images

Every time we look away from lawlessness, we tell the next mob it can go a little further.

Chicago, Portland, and other American cities are showing us what happens when the rule of law breaks down. These cities have become openly lawless — and that’s not hyperbole.

When a governor declares she doesn’t believe federal agents about a credible threat to their lives, when Chicago orders its police not to assist federal officers, and when cartels print wanted posters offering bounties for the deaths of U.S. immigration agents, you’re looking at a country flirting with anarchy.

Two dangers face us now: the intimidation of federal officers and the normalization of soldiers as street police. Accept either, and we lose the republic.

This isn’t a matter of partisan politics. The struggle we’re watching now is not between Democrats and Republicans. It’s between good and evil, right and wrong, self‑government and chaos.

Moral erosion

For generations, Americans have inherited a republic based on law, liberty, and moral responsibility. That legacy is now under assault by extremists who openly seek to collapse the system and replace it with something darker.

Antifa, well‑financed by the left, isn’t an isolated fringe any more than Occupy Wall Street was. As with Occupy, big money and global interests are quietly aligned with “anti‑establishment” radicals. The goal is disruption, not reform.

And they’ve learned how to condition us. Twenty‑five years ago, few Americans would have supported drag shows in elementary schools, biological males in women’s sports, forced vaccinations, or government partnerships with mega‑corporations to decide which businesses live or die. Few would have tolerated cartels threatening federal agents or tolerated mobs doxxing political opponents. Yet today, many shrug — or cheer.

How did we get here? What evidence convinced so many people to reverse themselves on fundamental questions of morality, liberty, and law? Those long laboring to disrupt our republic have sought to condition people to believe that the ends justify the means.

Promoting “tolerance” justifies women losing to biological men in sports. “Compassion” justifies harboring illegal immigrants, even violent criminals. Whatever deluded ideals Antifa espouses is supposed to somehow justify targeting federal agents and overturning the rule of law. Our culture has been conditioned for this moment.

The buck stops with us

That’s why the debate over using troops to restore order in American cities matters so much. I’ve never supported soldiers executing civilian law, and I still don’t. But we need to speak honestly about what the Constitution allows and why. The Posse Comitatus Act sharply limits the use of the military for domestic policing. The Insurrection Act, however, exists for rare emergencies — when federal law truly can’t be enforced by ordinary means and when mobs, cartels, or coordinated violence block the courts.

Even then, the Constitution demands limits: a public proclamation ordering offenders to disperse, transparency about the mission, a narrow scope, temporary duration, and judicial oversight.

Soldiers fight wars. Cops enforce laws. We blur that line at our peril.

But we also cannot allow intimidation of federal officers or tolerate local officials who openly obstruct federal enforcement. Both extremes — lawlessness on one side and militarization on the other — endanger the republic.

The only way out is the Constitution itself. Protect civil liberty. Enforce the rule of law. Demand transparency. Reject the temptation to justify any tactic because “our side” is winning. We’ve already seen how fear after 9/11 led to the Patriot Act and years of surveillance.

KAMIL KRZACZYNSKI / Contributor | Getty Images

Two dangers face us now: the intimidation of federal officers and the normalization of soldiers as street police. Accept either, and we lose the republic. The left cannot be allowed to shut down enforcement, and the right cannot be allowed to abandon constitutional restraint.

The real threat to the republic isn’t just the mobs or the cartels. It’s us — citizens who stop caring about truth and constitutional limits. Anything can be justified when fear takes over. Everything collapses when enough people decide “the ends justify the means.”

We must choose differently. Uphold the rule of law. Guard civil liberties. And remember that the only way to preserve a government of, by, and for the people is to act like the people still want it.

This article originally appeared on TheBlaze.com.

Stand with Voddie Baucham’s family in this time of loss

In the quiet aftermath of a profound loss, the Christian community mourns the unexpected passing of Dr. Voddie Baucham, a towering figure in evangelical circles. Known for his defense of biblical truth, Baucham, a pastor, author, and theologian, left a legacy on family, faith, and opposing "woke" ideologies in the church. His book Fault Lines challenged believers to prioritize Scripture over cultural trends. Glenn had Voddie on the show several times, where they discussed progressive influences in Christianity, debunked myths of “Christian nationalism,” and urged hope amid hostility.

The shock of Baucham's death has deeply affected his family. Grieving, they remain hopeful in Christ, with his wife, Bridget, now facing the task of resettling in the US without him. Their planned move from Lusaka, Zambia, was disrupted when their home sale fell through last December, resulting in temporary Airbnb accommodations, but they have since secured a new home in Cape Coral that requires renovations. To ensure Voddie's family is taken care of, a fundraiser is being held to raise $2 million, which will be invested for ongoing support, allowing Bridget to focus on her family.

We invite readers to contribute prayerfully. If you feel called to support the Bauchams in this time of need, you can click here to donate.

We grieve and pray with hope for the Bauchams.

May Voddie's example inspire us.

Overcoming loneliness: Connecting in a disconnected world

Loneliness isn’t just being alone — it’s feeling unseen, unheard, and unimportant, even amid crowds and constant digital chatter.

Loneliness has become an epidemic in America. Millions of people, even when surrounded by others, feel invisible. In tragic irony, we live in an age of unparalleled connectivity, yet too many sit in silence, unseen and unheard.

I’ve been experiencing this firsthand. My children have grown up and moved out. The house that once overflowed with life now echoes with quiet. Moments that once held laughter now hold silence. And in that silence, the mind can play cruel games. It whispers, “You’re forgotten. Your story doesn’t matter.”

We are unique in our gifts, but not in our humanity. Recognizing this shared struggle is how we overcome loneliness.

It’s a lie.

I’ve seen it in others. I remember sitting at Rockefeller Center one winter, watching a woman lace up her ice skates. Her clothing was worn, her bag battered. Yet on the ice, she transformed — elegant, alive, radiant.

Minutes later, she returned to her shoes, merged into the crowd, unnoticed. I’ve thought of her often. She was not alone in her experience. Millions of Americans live unseen, performing acts of quiet heroism every day.

Shared pain makes us human

Loneliness convinces us to retreat, to stay silent, to stop reaching out to others. But connection is essential. Even small gestures — a word of encouragement, a listening ear, a shared meal — are radical acts against isolation.

I’ve learned this personally. Years ago, a caller called me “Mr. Perfect.” I could have deflected, but I chose honesty. I spoke of my alcoholism, my failed marriage, my brokenness. I expected judgment. Instead, I found resonance. People whispered back, “I’m going through the same thing. Thank you for saying it.”

Our pain is universal. Everyone struggles with self-doubt and fear. Everyone feels, at times, like a fraud. We are unique in our gifts, but not in our humanity. Recognizing this shared struggle is how we overcome loneliness.

We were made for connection. We were built for community — for conversation, for touch, for shared purpose. Every time we reach out, every act of courage and compassion punches a hole in the wall of isolation.

You’re not alone

If you’re feeling alone, know this: You are not invisible. You are seen. You matter. And if you’re not struggling, someone you know is. It’s your responsibility to reach out.

Loneliness is not proof of brokenness. It is proof of humanity. It is a call to engage, to bear witness, to connect. The world is different because of the people who choose to act. It is brighter when we refuse to be isolated.

We cannot let silence win. We cannot allow loneliness to dictate our lives. Speak. Reach out. Connect. Share your gifts. By doing so, we remind one another: We are all alike, and yet each of us matters profoundly.

In this moment, in this country, in this world, what we do matters. Loneliness is real, but so is hope. And hope begins with connection.