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Why John Roberts Was Wrong About Healthcare

A Conservative Critique of The Supreme Court's Obamacare Ruling

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An original ebook from the current US senator to Utah, explaining why Chief Justice Roberts was wrong to disregard the Constitution in making his historic and controversial healthcare decision.

During Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge.

Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid.

A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.

Senator Mike Lee is a United States Senator for Utah, serving as member of the Judiciary Committee and as ranking member of the Subcommittee on Competition Policy, Antitrust, and Consumer Rights. He graduated from Brigham Young University with a Bachelor of Science in Political Science, and graduated from BYU's Law School in 1997. He then served as law clerk to future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit. Lee spent several years as an attorney with the law firm Sidley & Austin and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals. Lee and his wife live in Alpine, Utah.

Senator Mike Lee lucidly exposes how Chief Justice Roberts rewrote the Obamacare law and dangerously violated both the separation of powers and federalism. Why John Roberts Was Wrong About Healthcare is a cry from the heart of a constitutional conservative to all Americans who favor limited government.

– Randy E. Barnett, Professor of Constitutional Theory at Georgetown University Law Center and author of Restoring the Lost Constitution