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Chief Justice of the U.S. Supreme Court John Roberts' Diary Entries Regarding a May 12, 2012 Pizza Delivery and its surprising influence on his decision in the June 2012 Affordable Care Act (ACA) Ruling, NFIB v. Sebelius

Chief Justice of the U.S. Supreme Court John Roberts' Diary Entries Regarding a May 12, 2012 Pizza Delivery and its surprising influence on his decision in the June 2012 Affordable Care Act (ACA) Ruling, NFIB v. Sebelius

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Published by mfb1949
[Note: Chief Justice Roberts' diary entry is handwritten. To assist in increasing its readibility, we have a text version of it at SCRIBD as well. See my documents, or simply copy and paste this URL": http://www.scribd.com/doc/100108715.]

Recently a number of media outlets have speculated that Supreme Court Chief Justice John Roberts changed his mind about overturning the Affordable Care Act, pulling a switcheroo on his conservative colleagues sometime in the month of May or June. Thereby he ultimately cast the swing vote upholding the individual mandate on grounds that implicate congressional taxing power, rather than the commerce clause or congressional spending power which he declared Congress had exceeded. According to sources within the court, Roberts was often harangued by Justice Kennedy, according to reports, yet all the justices apparently weighed in at times.

In one of the oddest events during this time, Chief Justice Roberts was involved in a pizza delivery dispute. He recorded the event in his daily diary, which we at They Will Say ANYTHING! were provided a copy thanks to an inside source. As an addition to the historical record, we reproduce here Chief Justice John Roberts' diary entry for May 13, 2012. We believe you will see it had a remarkable - and unexpected - influence on Roberts' June 2012 majority opinion in NFIB v. Sebelius to uphold the Affordable Care Act, and upon the legal theory he chose.
[Note: Chief Justice Roberts' diary entry is handwritten. To assist in increasing its readibility, we have a text version of it at SCRIBD as well. See my documents, or simply copy and paste this URL": http://www.scribd.com/doc/100108715.]

Recently a number of media outlets have speculated that Supreme Court Chief Justice John Roberts changed his mind about overturning the Affordable Care Act, pulling a switcheroo on his conservative colleagues sometime in the month of May or June. Thereby he ultimately cast the swing vote upholding the individual mandate on grounds that implicate congressional taxing power, rather than the commerce clause or congressional spending power which he declared Congress had exceeded. According to sources within the court, Roberts was often harangued by Justice Kennedy, according to reports, yet all the justices apparently weighed in at times.

In one of the oddest events during this time, Chief Justice Roberts was involved in a pizza delivery dispute. He recorded the event in his daily diary, which we at They Will Say ANYTHING! were provided a copy thanks to an inside source. As an addition to the historical record, we reproduce here Chief Justice John Roberts' diary entry for May 13, 2012. We believe you will see it had a remarkable - and unexpected - influence on Roberts' June 2012 majority opinion in NFIB v. Sebelius to uphold the Affordable Care Act, and upon the legal theory he chose.

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Categories:Types, Business/Law
Published by: mfb1949 on Jul 14, 2012
Copyright:Traditional Copyright: All rights reserved

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09/12/2013

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Desk of Chief Justice of the United States Supreme CourtJohn Glover Roberts, Jr.
Diary Monday, May 12, 2012. pg. 1 of 7This afternoon I napped in chambers after having wrestled with my conflictedfeelings about the commerce clause, congressional tax powers, and the AffordableCare Act. I am exhausted, utterly, physically and mentally.I awoke to a sudden and rather persistent knocking at my chamber door.Very unusual. Very irritating. I arose, and jerked open the door. There, confrontingme was a young man dressed in the unmistakeable garb of a pizza deliveryperson, a pair of largish pizza boxes moving suggestively towards me. Socompletely surprised wa I that I didn't think to inquire how he managed
 
to get tomy door past layers of uniformed security. I could only say, as if answering myfront door at home and not the chamber door of the Chief Justice of theSupreme Court, “Look, young man, I most certainly did not order those pizzas!!”
 
 
He stared, “Yeah, O.K., but I'm here, with pizzas, and they have
your
nameon them. See? 'Chief Justice John Roberts.'” He displayed the order form.I decided to reason with him. “
Y
oung man, I understand your predicament.You have your job to do. You are, however, asking me to purchase something - inthis case, two rather large pizzas - that I did
not
order.. Someone else did so,
 
probably as a juvenile prank!” I was
irritated.
My now miffed pizza delivery opponent rebutted thus, “Yeah, yeah, I see whereyou're going with this. Let's assume
I believe you when you claim
that you didn'torder these pizzas here in my hands. I believe, however, we can agree that at
 
some future time you will desire pizzas and will purchase them, not unlike thevast majority of our fellow U.S. Citizens. You are not immune from the certainty of
 
desiring pizza.”
 
 He did have a point. “Yes, yes, of course, yet again, at this particular time Idid not purchase these pizzas you presently hold in your hands. And,young man, the laws of the District of Columbia bar you from collecting on yourpizza for a pair of pizzas so erroneously delivered!” A stinging riposte.
 
Inexplicably, he remained calm. “Yeah, that would normally be true, yet these
 
pizzas originated in Falls Church, Virginia and were transported here to the
 
District, and you know what that means.”I did know what that meant. And thus realized I'd been trapped. I murmured,“Interstate commerce
. . .”
My pizza bearing interlocutor pressed on, “Yeah, interstate commerce. And
 
that transforms our disagreement into a
federal matter.
As such, federal law
 
applies. Do I really need to remind
you
of the definition of interstate commerce,

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