From the Washington Post: "What initially seemed wise now smacks of mere cleverness — less a judge’s prudence than a lawyer’s trick."

http://www.washingtonpost.com/opinions/michael-gerson-john-robertss-alternate-universe/2012/07/02/gJQARjMGJW_story.html

Michael Gerson

Opinion Writer

John Roberts’s alternate universe

"Dwight Eisenhower came to regret the liberal activism of his choice for the Supreme Court, calling it the “biggest damned-fool mistake I ever made.” Other presidents must also have been frustrated by their selections on the far side of life tenure — Ronald Reagan’s appointment of Sandra Day O’Connor or George H.W. Bush’s elevation of David Souter come to mind. Now Chief Justice John Roberts unexpectedly joins the list."

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"Even in a short time, Roberts’s decision has not worn well. What initially seemed wise now smacks of mere cleverness — less a judge’s prudence than a lawyer’s trick. To find the health-care law constitutional, Roberts reimagined it. It was outcome-based jurisprudence, even if the intended outcome was institutional harmony. It was an act of judicial arrogance, even in the cause of judicial deference. And it raises deeper concerns. Unmoored from a reasonable interpretation of the law, institutionalism easily becomes the creed of the philosopher-king — hovering above the balance of powers, tinkering benevolently here and there, instead of living within the constraints of the system."