President Obama has the unique distinction of being the only president sworn into office by a Chief Justice whose confirmation he had voted against. During Chief Justice Roberts’ confirmation process in 2005, then-Senator Barak Obama said that he opposed Roberts’ nomination because he feared what Roberts would do in the “hard cases.” He questioned what Roberts would do in those situations where “. . . the constitutional text will not be directly on point. The language of the statute will not be perfectly clear.”
Yesterday morning Chief Justice Roberts showed very clearly that he isn’t the political ideologue the President thought he was. Roberts’ decision to side with the more liberal judges on the constitutionality of President Obama’s Healthcare Reform demonstrated Roberts’ objectivity and his commitment to judicial review. Throughout our nation’s history, the Supreme Court has played a crucial role in determining the role and reach of government. During the Depression, the Supreme Court checked the Roosevelt administration’s overreach under the banner of the New Deal. During the Civil War, the court blocked President Lincoln’s suspension of habias corpus. Both were controversial, and both proved to be the right things to do. This seemed like it was going to be another time for the Court to do so again.
I am not a constitutional scholar, so I cannot say whether the Court’s ruling today is right or wrong. I can say that I disagree with it, and I am disappointed that they chose to uphold a law that I believe is bad for America. However, I am reminded that the court’s action yesterday was an essential part of our system of government. The checks and balances within our system are what make it great. They also make it frustrating and sometimes unpredictable.
But in order for these checks and balances to work, we need leaders who are willing to exercise them deliberately and courageously. Great judicial leadership means doing what is right according to the constitution even when that conflicts with what a judge believes to be right or fair, or good for our country. I don’t know what was in Chief Justice Roberts heart as he cast his vote in today’s decision, but I believe that history will hold him in good stead. He made his decision, and he decided that a law that he probably finds repugnant is constitutional. He has done his job, and he has led honorably.
As a conservative, it would be easy for me to feel betrayed. Many pundits and commentators were voicing their sense of betrayal all day, and they will probably keep doing it for a long time. As an American, I am thankful for the greatest system of government that the world has ever known and for the checks and balances that are so important. I am equally thankful for leaders like Chief Justice Roberts. While I am truly disappointed with today’s outcome, I recognize that the system hasn’t failed. It is just waiting for more of us to step up and lead change. Chief Justice Roberts’ decision has placed responsibility back into our hands. For those of us who hate this law and the unbridled overreach of government that it represents, it is time for us to act. It is time for us to use the political and legislative process to effect real change.