And this is why I always thought the Chief Justice would find a way to uphold Obamacare.
Had Obamacare been voided, it would have inevitably led to charges of aggressive judicial activism. Roberts peered over the abyss and decided he didn’t want to go there.
Roberts’ decision was consistent with his confirmation hearings pledge to respect the co-equal branches of government, push for consensus, and reach narrow rulings designed to build broad coalitions on the Court. He promised to respect precedent. His jurisprudence, he said, would be marked by “modesty and humility” and protection of the precious institutional legitimacy of the Court.
Today, the institutional legitimacy of the Court was buttressed. President Obama wasn’t the only winner at the Supreme Court today. So was the Supreme Court itself.
So this case was the one where he finally decided to adhere to those oft stated principles, which he’s previously ignored. But he has also expressed the hope that he could loosen the partisan divide on the Court, reduce the number of 5-4 votes, and has said he would like more unanimous decisions.