The Lives of Obama and Roberts Changed by the Court Overnight

By Jamie Stiehm

June 28, 2012 5 min read

The Capitol vibe as the Supreme Court ruled on health care reform was exactly what President Obama would wish: no drama, not even in surprise victory.

So quiet were the marble halls and statues yesterday morning that a stranger to these parts would never know the president's signature domestic policy achievement was hanging in the balance. Pretty much everyone thought the Affordable Care Act was history before it happened. Even the ghost of Ted Kennedy, the liberal senator who championed the legislation.

Then, in what seemed just short of a miracle, the news came from across the street came that the Supreme Court resisted the temptation to strike down the ACA, or Obamacare. The landmark reform that took too long to pass, the one he never talked about, is now actually upheld as the constitutional law of the land. After a luckless June (so far) for Obama, the winds changed just like that, suddenly on the political savannah.

This boosts his prospects for getting a green light for a second term, in morale if nothing else. Now, as he faces swing voters — or "folks," as he likes to say — at state fairs all summer, he'll have something positive to write home about, something relevant to their lives. He'll have to figure out a good answer to the highest court framing the individual mandate as a tax, surely on the way to becoming a tea party refrain.

Republican lawmakers, who were ready to crow over a weakened president, had to eat some crow for a change. Senate Minority Leader Mitch McConnell nearly quaked with anger on the floor as he vowed to stay on the "road to repeal" the act. In saying so, the senior Senate Republican was openly defying the fresh 193-page Supreme Court opinion that Chief Justice John Roberts joined in, casting the deciding vote in the 5-4 majority. Only an hour after the Supreme Court had spoken, it was not the best form. But several glowering Republicans followed suit. They gave Obama no quarter, no hour, no handshake at the end of a hard-fought match.

Also in an abrupt turning point, Roberts is no longer the fair-haired darling of the conservative movement. They can't count on him as a team player. He showed that he cares about public opinion, namely the free-falling approval ratings for the high court.

I believe his vote was more social and political than legal, and I mean that as a compliment. Roberts acted wisely to avert a crisis of credibility, in my judgment, especially given that Justice Anthony Kennedy, often a swing vote, opposed the mandate basis of ACA. Yes, the chief justice saved the president's brilliant political career from being much too short.

The savvy Roberts is not interested in running the court so far to the right that it veers off the highway. He well knew the public would not take kindly to the highest court invalidating a major reform that took years of hard work by the president and the Congress.

Had this been a Clinton White House, there would have been tears, testimonials and fanfare at the victory. Yet in his remarks at a press briefing, Obama scrupulously stuck to the script of specifics, without sounding triumphal. Perhaps there is some wisdom in that understated style.

Sen. Charles Schumer, D-NY, sent an olive branch across the street to the institution he recently accused of unfair play and overstepping its place in the Citizens United case, which changed campaign finance law. He praised the Supreme Court and Roberts himself for acting as the "umpire" he promised to be in Senate hearings. The relief over Roberts' deft action was palpable near the Ohio Clock, where the Senate Democrats gathered.

Senator Tom Harkin, D-Iowa, said he'll urge colleagues to start spreading the news on the stump. "Start spelling it out," he said. "The other side is on the wrong side of history."

By high noon, the presidency and the Supreme Court were both shored up. Kennedy's classic line, "The dream shall never die," seemed to be coming true at last.

In the House Speaker's Lobby, Alcee Hastings, a Florida Democrat, added a dash of drama: "My faith in democracy is restored." Not bad for a day's work.

To find out more about Jamie Stiehm, and read features by other Creators writers and cartoonists, visit www.creators.com.

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