Judge Nap Questions John Roberts: 'He Sounds Like Two Different People'
Judge Andrew Napolitano reacted this morning to the Supreme Court's historic 5-4 decision in favor of gay marriage across the United States.
He took immediate issue with Chief Justice John Roberts' dissent today, compared to his ruling yesterday that upheld ObamaCare subsidies.
Napolitano pointed out that it sounds like the rulings were written "by two different people."
"This court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us," Roberts wrote in today's dissent.
For the first time as chief justice, Roberts read a summary of his dissent from the bench.
"If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today's decision," Roberts said. "But do not celebrate the Constitution. It had nothing to do with it."
"I'm not going to question the chief justice's motivation, but it does sound like two different people here," said Napolitano.
He said Roberts is basically arguing that since 1789, marriage has been regulated by the states and that the federal government should not be involved.
In his ruling with the majority Thursday on ObamaCare, Roberts decided that the words "established by the state" are ambiguous.
Napolitano said in that "reprehensible" decision, the court claimed to have the power to "redefine" words.
Justice Antonin Scalia wrote a scathing dissent to the ObamaCare ruling yesterday, but Judge Napolitano said that "looks like a Christmas card" compared to what Scalia handed down today.
The judge explained that today, Scalia called his colleagues "egotistical" and said they had carried out a judicial "putsch."
"Yesterday's [dissent] was the strongest I had ever seen. Yesterday's pales in comparison with today's," Napolitano said.
Watch the judge's analysis above.