Supreme Court Upholds Affordable Care Act The Supreme Court's decision upholding virtually all of the health care reform law (with the exception of a provision on Medicaid that does not really have much practical impact) is a great development, first of all, for Americans. The Affordable Care Act will provide insurance for tens of millions of working people and it will eventually help rationalize and bring down the costs of health care for everyone. This is a huge victory for President Obama at a critical time and a big loss for the right. The decision also says a lot about Chief Justice John Roberts, who was on the verge of writing himself a reputation after seven years in office as a highly partisan player who was using see-saw majorities to further not just a conservative judicial philosophy but also the broad aims of the neo-conservative wing of the Republican Party. This week began, however, with Chief Justice Roberts joining the majority in striking down most of Arizona's immigration law and strongly reaffirming the power of the federal government to make immigration policy as part of its overall power to make foreign and national security policy. Today, Chief Justice Roberts wrote the opinion upholding the Affordable Care Act in its entirety, including the individual mandate to buy health insurance. It's true that he rejected the government's commerce clause defense - that it can impose a mandate under its power to regulate interstate commerce. With this reasoning, he arguably weakened the Commerce Clause itself, which has been the foundation of so many important laws and court rulings in the modern era, including those guaranteeing all Americans" civil rights. The Chief Justice made it clear from the start, in his testimony at his confirmation hearing, that he would apply a rigorous test for Commerce Clause arguments. "It's not a question of abstract fact," he said, "does this affect interstate commerce or not, but has this body, the Congress, demonstrated the impact on interstate commerce that drove them to legislate." That part of the ruling could, in the long run, prove even more significant than upholding the health care reform law. But the health care ruling still was momentous, and it's clear that Chief Justice Roberts was instrumental in making that happen. He did so by taking a relatively refined view: The requirement that all Americans buy health insurance is not really a mandate at all, but a tax, and is therefore constitutional since Congress clearly has the power to tax and spend. As Scotusblog noted this morning, "That is the way Chief Justice John G. Roberts, Jr., was willing to vote for it, and his view prevailed. The other Justices split 4-4, with four wanting to uphold it as a mandate, and four opposed to it in any form. Chief Justice Roberts could have chosen to ignore that narrow way out and joined the four right-wing judges in striking down the entire law - an act of judicial recklessness that would have been read as an endorsement of Mr. Romney's presidential candidacy. As it is, the Chief justice could hardly be accused of throwing his support to Mr. Obama. This is going to be hard for right-wingers to swallow, since Chief Justice Roberts was their great standard bearer for conservative judicial and political thought and against "judicial activism." But he has enhanced, in no small way, the reputation of a court whose standing has suffered greatly since Bush v Gore. The next step for the right is to try to repeal the health care law through the legislative process. Only about an hour after the Court's decision was announced, House Majority Whip Eric Cantor scheduled a vote for July 11.