This is apparently what CBS news reporter Jan Crawford learned from anonymous court insiders about CJ Roberts's
reasoning in leading a unique majority to uphold the ACA.
Some informed observers outside the court flatly reject the idea that
Roberts buckled to liberal pressure, or was stared down by the
president. They instead believe that Roberts realized the historical
consequences of a ruling striking down the landmark health care law. There
was no doctrinal background for the Court to fall back on - nothing in
prior Supreme Court cases - to say the individual mandate crossed a
constitutional line.
The case raised entirely new issues of power. Never before had
Congress tried to force Americans to buy a private product; as a result,
never before had the court ruled Congress lacked that power. It was
completely uncharted waters.
To strike down the mandate as exceeding the Commerce Clause, the
court would have to craft a new theory, which could have opened it up to
criticism that it reached out to declare the president’ health care law
unconstitutional.
Roberts was willing to draw that line, but in a way that decided future cases, and not the massive health care case.
To me, this seems much more plausible and likely than any of the Right
Wing conspiracy theories as to why they were "betrayed," or the
assumption that Roberts was concerned about the "legitimacy" of the
court, although that factor, in my opinion,
should have been in the forefront of his mind, and perhaps it was; we can't really know.
Of course, allowing the Right to frame health care as a "product,"
rather than as an essential service in the provision of which government
has been intimately involved for many many decades, is part of the
problem; and in this regard I believe the government and the
government's lawyers have done a poor job of defending the law both
before the court and in the court of public opinion. Our party leaders,
and especially the president himself, need to do a
much better job of explaining how the act benefits most Americans, and in reframing the whole debate in terms of progressive
moral stances, rather than Rightist economic ones.