Savaged

In a front page analysis in the Sunday edition of the Los Angeles Times, David Savage claims Chief Justice John Roberts's health care opinion helped restore the idea that the Supreme Court is nonpartisan.

That's what it did? I thought it just pissed off a lot of people.  The right, of course, is very unhappy. And plenty on the left (such as The New York Times) have attacked Robert's view of the Commerce Clause, calling him a dangerous radical.  Then there's the public, who's just unhappy this monstrosity of a law that they hate wasn't shown the door.  I find it hard to believe this opinion added any luster to the Court.

Further, with suspicions (and reports) that Roberts changed his vote, some are arguing that the scorecard looks like this: four conservatives vote based on political ideology, four liberals vote based on political ideology, and one Chief Justice making the most political vote of all, ignoring the law to protect his Court's reputation.

Nevertheless, David Savage explains why saving Obamacare was a smart move by Roberts:

[...] Democrats and liberal groups were prepared to launch a political campaign against what they would describe as the pro-business, right-wing Roberts court.

The healthcare ruling would be paired with Citizens United, the 2010 decision that led to a gusher of new political spending.

That's hilarious.  He believes the Democrats, just happy they don't have to deal with Obamacare any more, would have kept noting how they wish it were still around. (As for the "gusher" of new political spending, numbers please.)

PS In Savage's piece, Mike McConnell of Stanford Law School says "Had the court struck down the law, they would have been the focal point of the campaign. Now, the court comes out with its reputation enhanced."

Far be it from me to disagree with an old professor of mine, but does he not read polls?  The public wanted the Court to toss out the law.  After the classic Commerca Clause case of Gibbons v Ogden, the people were out on the streets celebrating.  We might have had something similar had Roberts struck down Obamacare.  It's pretty hard to make the Court the focal point of any political campaign, but if any side would try if Roberts had voted with the conservatives, it would have been the Republicans.