| The 
                            Supreme Court’s Decision to uphold the Affordable 
                            Care Act shocked Court watchers and Pundits alike. 
                            President Obama pulled victory from the jaws of defeat, 
                            while the Republicans may have pulled defeat from 
                            the jaws of victory. There is no doubt the American 
                            people come out the winners in this decision, but 
                            why did Chief Justice John Roberts change his vote, 
                            after writing much of the dissenting opinion of the 
                            Court’s conservative bloc? Sometimes, 
                            you have to do the right thing regardless of what 
                            your friends want you to do First, 
                            Roberts has a reputation as a legal scholar. Much 
                            of the Court’s conservative bloc are ideologues who don’t hold much a regard for the law. 
                            Roberts knew the law was within Congress’ authority. 
                            He still threw the conservatives a bone by trying 
                            to categorized the Act as 
                            “a tax.” In reality, the Affordable Act simply expanded 
                            the care already being offered by Medicare. It isn’t 
                            single-payer like Medicare, because it offers patients 
                            choices to select care, but it forces those who don’t 
                            enroll with some care provider to pay a penalty - 
                            thus earning the title of a “government mandate.” 
                            In reality, the Act simply closes the huge gap in 
                            the social safety net that Health Maintenance Organizations 
                            (HMOs) created by being able to cherry pick who they 
                            would cover, and being able to deny treatment to people 
                            with expensive medical bills and people with preexisting 
                            conditions. Conservative 
                            lawmakers and pundits only challenged the law because 
                            they had no power to stop it in the federal legislature. 
                            They saw the U.S. Supreme Court as a backstop against 
                            so-called liberal lawmaking and thought they 
                            had the majority on the court to overturn what they 
                            are still threatening to repeal. “Obamacare” was so politicized that Republicans forgot about 
                            the law, and the rightness of the law - whether they 
                            liked the policy or not. Supreme Court decisions side 
                            with the law. They don’t make up the law. Ideologues 
                            try to make up the law, then 
                            try to find case law to back it up. Roberts knew the 
                            law was on the side of the Affordable Care Act, and 
                            he was concerned about how history would view the 
                            Roberts Court in the aftermath of an unsubstantiated 
                            decision. Roberts, like Obama, understood the politics 
                            of the outcome - ideological rationale notwithstanding. 
                            Sometimes, you have to do the right thing regardless 
                            of what your friends want you to do. Roberts’ friends 
                            wanted him to play politics…and he did, for a minute. 
                            But history will show Roberts was on the right side 
                            of history and the pundits were simply trying to score 
                            political points in an election year. 
                             
                              |  |  |  Consider 
                            this; It’s been nearly forty years since the Court has been considered 
                            “activist.” Not since the Burger 
                            Court decided a woman’s right to choose in the decision 
                            of Roe v. Wade, in 1973, had conservatives 
                            even had to worry about a left-leaning high court. 
                            Reagan’s appointments (four), of which two are still 
                            on the court (Kennedy and Scalia), pushed the Court 
                            from left of center to right of center - where it 
                            has been every since. George H.W. Bush’s two appointments, 
                            one of which is still on the court (the infamous Clarence 
                            Thomas), cemented the Court in two decades of ideological 
                            review under the longest serving Chief Justice in 
                            U.S. History, William Rhenquist, 
                            thus ensuring that there would never be another 
                            Brown decision that would disrupt the social 
                            order of things to the degree the desegregation of 
                            society did. Roberts, a Bush II appointee, came on 
                            the court at a time when it had lost its ideological 
                            leader (Rhenquist) and its 
                            scholarly center, as Scalia and Thomas sought to politicize 
                            every legal decision during their tenure, while rarely 
                            having case law on their side. Laws that adversely 
                            affected vulnerable populations were upheld by the 
                            Conservative right. Many of them were unpopular with 
                            the American people and served the interest of an 
                            oligarchic few. But rarely did any of them pit two 
                            branches of government against each other. Most of 
                            them didn’t involve acts of Congress. Conservatives 
                            thought they had the majority on the court to overturn 
                            what they are still threatening to repeal The 
                            Constitution gives Congress the sole authority to 
                            legislate as “necessary and proper” to run the country. 
                            The Affordable Care Act was both necessary 
                            and proper. The anti-taxation rhetoric of the Tea 
                            Party doesn’t strip Congress of the right to 
                            tax. Plain and simple. Nor 
                            does it abrogate Congress’ power to regulate commerce. 
                            Health care is commerce. Roberts probably looked for 
                            loopholes to side against the act (which is why he 
                            wrote on both sides of the opinion) - and if he was 
                            a real ideologue, he probably could have found one, 
                            but he is a legal scholar first and ideologue second. 
                            Ideology doesn’t stand above the law - it never has. 
                            Ideology only skews how one can interpret the 
                            law. But the law is still the law. That’s why 
                            Roberts reversed himself. He took an oath to uphold 
                            the law - not to uphold ideology. That’s the tough 
                            lesson the Republicans just learned and it’s why federal 
                            judges are appointed for life, to insulate themselves 
                            from the politics of the day. In the end, law - not 
                            politics - won out. For 
                            many Americans, that’s all they want out of the Court, 
                            judicial prudence. And that’s what they got in the 
                            Roberts decision on the Affordable Care Act. More 
                            than a victory for the Obama Administration, the decision 
                            proved that judicial temperament is still intact. 
 BlackCommentator.com 
                            Columnist, 
                            Dr. Anthony Asadullah Samad, 
                            is a national columnist, managing director of the 
                            Urban Issues Forum 
                            and author of 
                            Saving The Race: Empowerment Through Wisdom. His Website is AnthonySamad.com. Twitter @dranthonysamad. Click 
                            here 
                            to contact Dr. Samad. |