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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