While John Roberts may be a remarkably
malevolent force in American jurisprudence, he's no dope.
Health law's safe,
As it can be;
Now don't blame,
This Court on me.
As it can be;
Now don't blame,
This Court on me.
Many Republicans expressed shock, even betrayal, when Chief
Justice John Roberts himself turned out to be the Supreme Court's turncoat
Republican who upheld the Affordable Care Act. Pundits had predicted that
Kennedy could make that move. Not me.
While Roberts may be a remarkably malevolent force in American
jurisprudence, he's no dope. With the current court prefaced by his last name,
he knew his legacy was at stake. That's no small matter for any self-absorbed
Washington power player.
Roberts surely realized that he had
already led "his Court" to one of the worst and most damaging
decisions since Dred Scott. I'm talking of course about Citizens United,
the landmark case that green-lighted the corporate political contributions now
flooding campaign treasure chests.
For most of the Republican justices, all this was scarcely a
problem. But for Roberts the equation was different. Sure, he wanted to do the
bidding of corporations and the 1 percent as much as the next guy, but this
was hisCourt, not theirs.
With Citizens United already menacing his
judicial record, Roberts knew he couldn't strike down the nation's first steps
toward universal health care in decades without making the Roberts Court look
terrible. Overturning the Obama administration's landmark health reform law was
simply asking too much of a loyal but still ego-sensitive conservative.
And so the chief justice sought an escape route. He succeeded by
labeling the bill a tax. Of course the mounting public dissatisfaction with
government isn't entirely Roberts' fault, key player though he may be. The
Great Recession and the refusal of Congress to deal with it are central as
well. Americans really are tired of losing jobs and seeing their savings erode
while unpayable mortgages and student loans destroy the middle class.
No, John Roberts can't be blamed for all that, but had he
scuttled the Affordable Care Act he would have become an iconic target for
progressives. Their verbal pitchforks would have had his name engraved on them.
But he saved himself from irreparable infamy in the final hour, at least for
now.
OtherWords columnist William A. Collins is a former
state representative and a former mayor of Norwalk, Connecticut. otherwords.org