Why roberts saved obamacare

He even cited the dissent from his ruling on the individual mandate, in which the Court's conservative justices explained that "without the federal subsidies, Justice Antonin Scalia, in a scathing dissent joined by Justices Samuel Alito and Clarence Thomas, accused the majority of "interpretive jiggery-pokery.

But Roberts, again echoing the law's allies, said various intricacies of the law's core structure make that reading too restrictive. Skip to content Site Navigation The Atlantic. Popular Latest. As he did at oral argument , Scalia also showed himself as embarrassingly out of touch with American politics circa The idea that these states would act to cooperate — or simply in the best interests of their citizens — this time is absurd.

Read More. That eventual decision has shaped public perceptions of the chief justice, who since then has been viewed with skepticism by conservatives even as his record -- for example, on racial issues, campaign finance and religion -- remains solidly on the right. Roberts' opinion is now at the center of the legal debate seven years later. His rationale for upholding the ACA's individual insurance mandate was tied to Congress' taxing power.

Texas and other Republican-led states, backed by the Trump administration, contend that when Congress zeroed out the tax penalty in for people who failed to obtain insurance, it eviscerated its constitutional grounds. How John Roberts controls the Supreme Court. Lawyers for California and other Democratic-led states, along with the Democratic-run US House of Representatives, countered on Tuesday that even without a tax penalty, the individual mandate remains constitutional, as does the entire ACA.

He argued that Roberts' opinion said people had a choice whether to buy insurance or face a tax penalty. Letter said that choice remains, even if the tax penalty is zero. They wish he had done something different. But he didn't. And that is binding. But it would come with a strict condition: If states did not broaden their programs as dictated they would lose all Medicaid funds. The first meeting -- against the mandate. After an unusual three full days of oral arguments in late March a typical case gets one hour on one day , the nine justices gathered in a private conference room off the chief's chambers to cast initial votes.

They were alone, with no law clerks or administrative staff. The discussion focused on the individual insurance mandate and Congress' power to regulate commerce. Roberts went first, as was the custom, laying out his views.

He emphasized that he believed the Constitution's commerce clause never was intended to cover inactivity, such as the refusal to buy insurance. Like Roberts, they thought Congress' commerce authority did not cover an individual's decision to forgo -- rather than obtain -- health insurance. There were thus four immediate votes cast to invalidate the mandate. No one at the table was surprised, based on the questions during oral arguments and word from law clerks inside the building circulating intelligence among the justices' chambers.

Photos: Chief Justice John Roberts. Hide Caption. Roberts is seen in a yearbook photo from his prep school in La Porte, Indiana. He was born in Buffalo but grew up in northwest Indiana.

In , he graduated from Harvard Law School. He was an associate counsel to Reagan from As an attorney for the government and in 14 years of private practice, Roberts argued 39 cases before the Supreme Court and won 25 of them.

In May , President George W. Roberts is seen at right along with Bush's other judicial appointments. Roberts, third from left, meets with US senators in Washington a day after he was nominated by Bush. With Roberts, from left, are Sens. Roberts meets with US Sen. Mary Landrieu as he makes his rounds on Capitol Hill in July Bush announced that he wanted Roberts to replace Rehnquist instead. Roberts was once a law clerk for Rehnquist.

Roberts answers questions during his second day of confirmation hearings in September The Senate voted to confirm him. Roberts and his wife attend his swearing-in ceremony in the East Room of the White House. The Roberts walk with their children, Jake and Josie, after he took the Supreme Court bench for the first time in October Bush enjoys a light moment with Roberts and other Supreme Court justices on Roberts' first day.

Roberts shakes hands with President Barack Obama at Obama's inauguration ceremony in Roberts administers the oath of office to President Donald Trump in Roberts and Thomas pay their respects to the late President George H.

Bush as he lies in state in December