If we give the most highly educated minds in our country months to debate issues, then I can hardly be expected to get the right answer after years. Allow me to change my opinion. I will probably change it again soon.
My current thought on the Roberts decision on Obamacare is that he should not have re-written the law. The law, if it is incorrect or unconstitutional, should simply be stricken. Tell congress what they did wrong, but don’t pull out a correction pen and publish your own version.
This means that Roberts was wrong to do what he did.
I think this is a good model for legislation. Either the law stands, or it doesn’t. If it doesn’t, the justices do not have power to pass their own laws to replace them. Let the people decide what path they want to take to resolve the laws and the constitution. It could be they like the law as is, and want to change the constitution through an amendment. Or, they like the constitution and want to change the law. Or perhaps, they want to get rid of the law altogether. That’s not up to the judge to decide.