appointed by republicans outvote the four justices by democrats? strictly across partisan lines on this issue, on a very shaky in my lay opinion. it didn't work out that way because of john roberts. this is what you say in your book, "the oath." for roberts personally his vote to uphold the affordable care act an opinion where acts of strategic genius roberts laid down a marker on the scope of the commerce cause and bought space for himself for future rulings. people who don't remember x roberts found the mandate was constitutional under the taxing authority. as an exercise of the commerce clause, it exceeded the constitutional limits so he tipped his hat to barnett.