Chierf Justice Roberts's Upholds the Moral Authority of the Supreme Court

 Upholding the Affordable Health Care Act preserved the legacy of the Robert's Court.  Harvard Law Professor Lawrence Tribe, who taught both the President and the Chief Justice, yesterday predicted that Justice Roberts would vote to uphold the law (although he expected a 6-3 decision joined by Justice Kennedy).

Court watchers focused on Justice Kennedy, as the possible swing vote, because of his occasional bouts of moderate judicial philosophy.  Justice Robert's, as Professor Tribe understood,  was the key because of his concern for the moral authority of the court.

The Supreme Court has at times had a liberal judicial philosophy and at times a conservative tilt.  But after Bush v. Gore and Citizens United the Court teetered on the precipice of partisanship.  The injudicious flirtation with the Tea Party by Justices Alioto and Scalia, exacerbated the problem.  Combining dismantling of the President's health care plan with the other two decisions would have been an unholy trinity.  The Supreme Court is designed to be above politics.  That is the rational for life time tenure.  Justice Robert's upholding of the individual mandate has institutional significance that equals the legal import of the decision.