John Roberts’ “Can-Do” Doctrine Scandalizes Conservatives

“I will find a way or make one.” — Admiral Robert E. Peary, American explorer

“As between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the act.”  Justice Oliver Wendell Holmes

By all accounts, Chief Justice John Roberts believes that the Supreme Court of the U.S. should try to find a way to uphold  a law enacted by Congress, rather than declare it unconstitutional. In other words, declare a Congressional act unconstitutional only if it really is unconstitutional.

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