Appearing on today’s Morning Joe, law professor Jonathan Turley noted that Chief Justice John Roberts teamed with Justice Anthony Kennedy to devise an exception to the Court’s ruling of yesterday that permitted President Trump’s travel ban to remain in place. Under the exception, the ban does not apply to foreign nationals with a “bona fide” relationship with a person or entity in the United States.

Turley said that as of late, Roberts has been “swimming a lot in the middle of the pool,” has become very Anthony “Kennedy-like,” and would become the new swing vote should Kennedy retire.

JONATHAN TURLEY: What I think is really interesting is John Roberts, both in this case and in some other cases, he was swimming a lot in the middle of the pool. And on this one, he came up with Kennedy on this type of exception. And many of us are looking at him, because if Kennedy does leave the Court this year or next year, that swing-vote role will shiftly slightly to the right to John Roberts. And at the end of the term, he was being very Kennedy-like.

Chief Justice John Roberts hasn’t gone full David Souter, the SCOTUS Justice appointed by Bush 41 who turned out to be a total liberal. But Roberts has been a disappointment to people hoping he’d be a Scalia-like addition to the Court.

As our Professor Jacobson recently wrote, it was Roberts who sided with Court liberals to salvage Obamacare in an “outrageous holding” that found Obamacare’s mandate penalty to be authorized under Congress’ taxing power.

All the more reason for President Trump to appoint a true respecter of the Constitution should Kennedy indeed retire.