what do you think happened here, professor? the greatest chief justices always play a long game. in this case i was sort of thinking overnight about president obama s second book, the audacity of hope. and i think in this case the audacity of hope meant the audacity of modesty. roberts has always believed in taking small steps. in this case, rather than taking a huge step intoç chasm, this w that extends to millions of people for the first time in a century and rather than making historic new law by establishing limits on the taxing power, i think the chief justice stepped back and said, look, we have a responsibility not only to preserve our own credibility as
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remember, the very first vote that republicans took in the house of representatives was to repeal the health care bill. it s going nowhere in the senate. i think the extent that the republicans want to focus on this issue and this rear guard action and creating more uncertainty, voters are not going to take kindly to that. people want to focus on moving forward and focus on jobs and the economy. your reaction? well, i m just remembering november 2010 when voters reacted to passage of obama care. let s see how they react in 2012. while the supreme court had its day yesterday and its ruling, the american people are going to have the final say on november 6th of this year. ç were you surprised that justice john roberts voted the way de? you know, nothing in this town surprises me anymore. so, you know, nobody knew how the ruling would come out and anybody trying to predict it would be certainly going down the wrong path. one thing s for certain, we
an institution but to look for ways, if possible, to uphold the democratic process and in this case it produced something and although it wasn t called a tax, simply by adjusting a person s tax liability. in the very first instance of the oral argument, chief roberts dropped some hints that he may see this as an exercising of a taxing power. so he could be simultaneously modest in terms of deferring to the political branches, he could lay new limits on the commerce power as he did speaking only for himself but in a court with four really solid conservatives, those limits may make a difference in the future he could limit congress ability to eliminate the states through spending power.
the hmamth care decision may disspell concerns that the supreme court has become as political as the other branches of government. history will be the judge. joining me to help put all of this into context is harvard law school professor who taught president obama and chief justice john roberts. good morning. welcome back to the program. good to be here, chris. i want to play first, professor, the prediction you made on this program on tuesday. i do think that the court will surprise a lot of people when it probably upholds the affordable care act. you do think it s going to be it will be upheld in its entirety? i do think it s going to be upheld in its entirety. i could be wrong. but you weren t.
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