Napolitano: Chief Justice John Roberts ‘Sounds Like Two Different People’

‘He is basically is arguing today that marriage is regulated by the states ... and the federal courts should have no position’

VITTERT: “We are looking at the Supreme Court. There were a lot of folks who were very excited. We are now just beginning to dissect the opinions themselves, and Shannon Bream so aptly pointed out that what we saw yesterday from Chief Justice Roberts when a lot of folks said that he was making law and that this was the court legislating things, now says that it is not the Supreme Court's job to say what the law should be. I am wondering as you read through this from a legal perspective, when you read through the decision, what is your take away, sir?"

NAPOLITANO: “Well, it is 103 pages and in a few minutes I am going to go off --"[Crosstalk]

VITTERT: “And you could not get through that in 13 minutes?"(Laughter)

NAPOLITANO: “In a few minutes I'm going to go off here and read all of this, but I've gleamed the important points and I appreciate the opportunity to make them. And I'm not going to question the chief justice's motivation, but it does sounds like two different people. He basically is arguing today that marriage is regulated by the states; it's been regulated by the states since 1789, and federal courts should have no position telling the states how to regulate something that traditionally and consistently has been regulated by them and it should be decided by the popular branches and that judges shouldn't even be reviewing it. Why he did what he did yesterday is between him and his heart. We will never know. What he did yesterday is reprehensible in my view because if they can declare words ambiguous and redefine them, they can turn yes into no, and no into yes. But the descent of Justice Scalia as ferocious as it was yesterday -- "

VITTERT: “Was nothing compared to today."

NAPOLITANO: “-- was a Christmas card compared to his  descent today, in which he accused the court of being egotistical of engaging in a judicial putsch -- that's the phrase used to describe Nazi takeovers of lawful government in Germany at the end of the Weimar Republic."

VITTERT: “Have we ever heard, or I should say, read words like this...?

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