Et tu, John? This was the anguished outcry of many conservatives to Supreme Court Chief Justice John Roberts’ majority ruling on the constitutionality of the Patient Protection and Affordable Care Act, affectionately known as ObamaCare. In a startling reversal of his historically conservative and originalist judicial philosophy Chief Justice Roberts wrote the majority opinion of the Supreme Court to uphold ObamaCare.
“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”The Court’s decision brought jeers from the conservative right and ambivalence from the liberal left, leaving victory to lie in the eye of the beholder.