I found another thing about the “Roberts Tactic”
May be exactly what he was thinking, as I’ve been saying, or maybe we’ve been fooled.
Every liberal citation to Wickard will be countered by a conservative citing to Chief Justice Roberts’s opinion: “If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.
It’s not a “Roberts Tactic”, tactic would be a strategy or ploy to achieve an end result that is contrary to the implied end result.
I’ve said this often in the last few days, had Roberts used his vote as a strategy for people to vote for Romney it would be a long shot gamble on his part and I don’t think Roberts is a gambling man. The other aspect is, why not just vote against it and that would have the same result as repealing it, only easier, except it wouldn’t have the same odds that Obama would be voted out. – Phoebe