Yesterday’s SCOTUS decision on the ACA was penned by the Chief Justice. It was thoughtful, legal, and went to the intent of the legislation. It also used Scalia’s own words against him, which is just plain fun.

But the overriding question is whether or not Roberts is doing to Bush what Warren did to Eisenhower; that is, transcending politics to actually be a constitutionalist. Roberts is not the smartest Supreme, that position belongs to Antonin Scalia, who places politics and his own racism, misogyny, and homophobia (not to mention hatred of Democrats) above what he knows to be legally and constitutionally correct. Originally, it seemed that Roberts was choosing that course. Over time, he more seemed to pick large decisions and make them 1:1 Right Wing to Left Wing.

If he votes to allow gay marriage in the final decision of the term, that will be two big decisions that go with not just the law (Gay marriage? Think 14th amendment) but also morality and decency.

And wouldn’t that just be a pip if this was just the start of the kind of jurist Earl Warren was, and John Roberts could be.