not perennial swing voter anthony kennedy, but chief justice john roberts. consider the contours of the court's two 5-to-4 votes to uphold the affordable health care act. a majority actually rejected the administration's central argument, that the mandate to purchase health insurance is permitted under the constitution's commerce clause. on that point, roberts sided with the conservative majority. but the chief justice swung the other way on a narrower matter, voting to redefine the mandate as a tax, which he and the court's four liberals said is constitutional. right off the bat, the first question -- what's the difference? >> you have to look at this through two lenses. through the law itself, it's upheld. it's upheld, it stands, it's the of barack obama's domestic agenda. he goes forward with it, it's a very big deal that way. in terms of the liberal rationale, the most important thing is what does it say about john roberts? here's the chief justice who has never been a key fifth vote with the liberals on a major case and it comes in this big matter and i

no problem. >>> i will be voting against john roberts's nomination. i hope that this on my part proves unjustify and judge roberts will show himself to not only be an outstanding legal thinker, but someone who upholds the historic role as a check on the ma jor it of the executive voice. >> whatever the politics, today was a victory for those whose lives will be more secure for the supreme court decision to uphold it. because of this law, there other americans, sons and dahters, brothers and sisters, fathers and mother who is will not have their fortunes on chance. these are the americans of whom we pass this law. >> top of the hour, welcome back to "morning joe." senior adviser to the obama campaign, david axelrod. good to have you. >> do you see it over here? >> if you win the supreme court ruling. >> i was watching the tape and the thing that strikes me, seems like the president's hair has gotten grayer. >> yes. that tens to happen.?h@&h(lc% >>> you dying yours? >> trying to hang on to the ones i have. >> let's look quickly at headlines. regardless

pat buchanan. >> overall, i don't think it's going to go over very well, but john roberts has just given barack obama a signal victory, and he may have given barack obama a second term as president of the united states. john, four of those justices were ready not only to overturn the individual mandate but the entire obamacare law, and john roberts joined them, the whole thing would be gone now, and barack obama would have nothing to show for his first four years basically but a bad economy. go ahead. >> you say that notwithstanding the poll numbers. 37% is the percentage of americans with a favorable view of the law versus 44% with an actively unfavorable view of the law. >> here's what john roberts did, john. he -- i understand his sentiment. it's a conservative sen tie meant. he says, we ought not to be deciding these things, the elected representatives should. but this was such an open-and- shut case that he should have acted on it but he failed to act, and as a consequence of that i think, as i say, john roberts may well have re- elected president obama. >> he put the word tax turne

even john roberts said so.ore. >> so where do republicans go from here? right? john boehner saying yesterday, if the supreme court didn't repeal it, we'll repeal it. mitch mcconnell says the american people want us to start from scratch. right? mitt romney says, i will repeal it on day one of my presidency. you know talking points memo this morning, if i bring it up again, after healthcare ruling g.o.p. hits rewind as democrats look to the future. >> that's basically all they've got. right? >> that's what they've got. i think they are going to try to force some kind of replay of the summer of 2009. >> that's what we need. >> that's exactly what we need. but i think that's what they are going to try to do. you know, they have already started on the tax increase thing. you know, i don't blame them for doing that. if i were them, i would come out of this saying that, too. this is now a tax increase and it breaks its pledge not to raise taxes on middle income people. but the democrats have to answer that, bill, pre

today lawrence trod the harvard professor who can say he taught barack obama and john roberts at harvard law school said that with this decision crossing over to join the liberals roberts might have saved the institution. he has to be hyperaware that the court these days is viewed as politically as anything else in washington. >> this is something that justice roberts has talked about repeatedly. it's something that almost consumes him. he cares very much about the institution of the court, the credibility of the court. he has expressed a distaste for decisions that come down 5-4 against those predictable party lines. well, today we got a 5-4 decision all right, but it was not along the ideological lines. but look, he is still a conservative jurist. there is plenty of conservative ideology shot through the opinion that he wrote today. he really comes down hard on the government's theory of broad federal powers and put some new limits on congress's spending power. he's a conservative jurist, no question, but he is thinking about not only his own legacy but the legacy of the court, itself.

>> this week on the journal editorial report, a supreme court stunner as chief justice john roberts joins the liberal wing in upholding the health care mandate. is it a really a tax? the political implications, who benefits come november and the economic fallout. what it means for the health insurance industry and your bottom line. welcome to the journal, editorial report. i'm paul gigot, so much for the radical supreme court. jeef justice john roberts joining the liberals to uphold the court, on the obamacare law, saying the individual mandate is constitutional, not under the commerce clause, but as a tax. our panel is here with complete coverage of the legal arguments behind the decision and the political implications for november and beyond. i'm joined by walt journal columnist and editor dan eninger, and joe raggo, dorothy rabinowicz, and while they were debating the law, john roberts slipped us a mickey on upheld on the tax revision what, do you make of the argument. >> we can all look at supreme court cases where the court reached the right result, but did so with bad legal reasonin

he unloaded on john roberts yesterday in a rant. crazy to rationalize, but let's listen to the worst. >> it's well-known that roberts unfortunately for him has suffered from epileptic seizu s seizures. therefore, he has been on medication. therefore, neurologists will tell you medications used for seizure disorders can induce mental slowing and other problems. and if you look at roberts' writings, you can see the cognitive association in what he is saying. >> okay. for the record by the way, justice roberts has had some seizures. never said he's epileptic nor is he taking medication for it. congress jack casick of georgia tweeted today, with obamacare ruling, i feel like i just lost two great friends. america and justice roberts. ron, this is so over the top. like so high school. i don't know how to explain it but it's sad. >> the republicans feel betrayed here. they thought they had the supreme court comfortably on their side by a 5-4 margin and ç there goes roberts in the other direction, so they're furious at him. but roberts i t

but ironically, john, now we see from the supreme court, including the chief justice, john roberts, thatin fact a tax increase. as a result, the obama health care reform law stands completely constitutional at this point. i think you'll agree, john, that's a fascinating twist as we've interpreted it right now. >> that's a great irony. the court saying the law is upheld because it is exactly what the president said it was not, in terms of a tax. wolf, you know that will be the political argument going forward from governor romney and conservatives who oppose this law. they will say it is proof the president is a big taxer, a big spender. but they will make that argument knowing that the chief justice and four of his colleagues by a 5-4 ruling have left the affordable care act intact. a victory for the president on the policy front. we'll watch the political debate as we go forward. >> the political debate will be critical over the next four months, until november. over at the university of illinois chicago hospital right now, getting reaction. ted, what are folks over there saying? >> wel

they were debating the law, john roberts slipped us a mickey on upheld on the tax revision what, do you make of the argument. >> we can all look at supreme court cases where the court reached the right result, but did so with bad legal reasoning, constitutional reasoning. in a way this case is opposite when we got to the court, chief justice roberts was in a position to decide this thing unilaterally was an exposition on the commerce clause, central to constitutional arguments and labored statutory interpretation to somehow turn this into a tax. in the bill that passed the senate, there was actually a list of the new taxes that obamacare contained. this wasn't in it. >> the mandate tax wasn't in it. joe, what do you think of the persuasiveness of the tax argument on a constitutional basis? >> well, one problem is that they didn't, as james said, they didn't structure it as a tax. >> they called it a penalty. >> chief justice roberts essentially had to rewrite the law. the larger problem is that whatever concessions they had on the commerce clause, if you can say, you can do the exact sa

chief justice john roberts. and human existence is the unpredicted, those moments a person does something that staggers the rest of us that is so phenomenal and blows us away. john roberts just performed one of those acts, he was judicious looking at the obama health care act from all angles, how from each perspective the act does or does not pass mustard with the constitution. he did so as he said today, looking for that angle from which the obama measure could be ruled to square with this country's organizing document, admitting to looking for it until he found it. so the big question, what pushed him, what made him look until he found the route to the obama health care act to constitutional acceptability, what was it that encouraged him, john roberts, to find the taxing authority, the provision he believed gave obama's act its okay by the constitution.[b]çói well, my hunch knowing justice roberts and his wife just a bit, he wanted to do good and went looking for a way to do it consistent to his oath to respe

i'm just thrilled. >> you love john roberts now. >> i love john roberts today.oberts t-shirt under all this. >> i woke up this morning to howard dean on "morning joe." he doesn't know that, but i woke up to him this morning on "morning joe" doing what howard dean does best which is spin. and he put on this incredibly impressive performance, we all love howard dean as the network. this is amazing agility, take a look. >> romney claims victory but obama gets victory, this is the most unpopu i don't think it should ever have been there in the first place. there's a lot of things that people like, so i believe that even though the obama folks have put up a huge fuss about the individual mandate, romney is going to say the president's initiative got ruined and all this kind of stuff. but the truth is people now have a lot to like in this bill. >> when it comes right down, huge bin for obama. by that logic, it was upheld, it was a huge loss? >> democrats were moping and saying what are we going to do to get over this. and republicans were excited that we're going to w

. >> now, ian, this was stunning that the chief justice john roberts who is a bush appointee actuallyoted with the four considered liberals of the court. what was it -- you were actually in the chambers. could you share with us what was it like, the body language. was there any kind of visible signs before and during the reading of the court's decision that you could share with us? you were actually there. >> yeah. the most striking thing to me. when the justice walks into the courtroom, there is this ritual they all stand behind their chairs and look out over the gathered audience for awhile then sit down together. and eight of the justices did that today. but justice scalia the same who has had the gratuitous swipes at the president on the immigration opinion and the rhetoric during the affordable care act, justice scalia had his hands on the bench and he was looking down like his son just told him he wrecked the car. that was the moment i was sure we won this thing. >> he was looking down like his son had just told him he wrecked the car. you're not implying that john roberts had k

john roberts sided with the four liberal justices voting five to four to uphold nearly all of president obama's health care law, and leaving his conservative colleagues to join the dissenting opinion. at the heart of the law is what's called the individual mandate. it requires americans to obtain health insurance or pay a penalty. that was found constitutional. other parts of the law also stand-- insurance companies cannot disqualify people who have a pre-existing illness. they can't raise rates on the chronically sick. and children can remain on their parents' plans until the age of 26. there was one setback for the law-- the court said that congress cannot force the states to expand medicaid to cover more of the poor. we have a team of correspondents covering the story. our chief legal correspondent, jan crawford, is at the supreme court and, jan, it was a complicated decision today. the majority rejected the president's main argument, but still found a way to support his law. >> reporter: well, that's right, scott. and for a lot of people, the central question in this case was whethe

i'm angry, mad that chief justice john roberts. but you hear people all across the front of the supreme court steps, for and against, and that's what our democracy is all about. i'm very thankful. i thank god for that. nobody's killing one another over this. but, you know, again, i think we're going to make -- make out of lemons, the shock in the decision, particularly in regard to saying that this is okay, because it's a tax. well, how about the anti-injunction act in regard to that. and whether or not this case is right. and the other thing, in regard to -- think about this. justice roberts said that in regard to the medicaid expansion, the states now not forced to accept the expansion and lose all of the medicaid participation. so a lot of those, a lot of those patients which the obama administration thought would go into medicaid, rather than the exchanges, with all the federal subsidies, think about what that's going to cost the taxpayer is all those patients several billion across the country will end up in the exchanges rath

the most interesting elements of all of this when it came out yesterday was it was chief justice john robertsho made the difference to put the law over the top, not anthony kennedy. there has been backlash from roberts, from conservatives. rand paul said, just because a couple people declared something to be constitutional, does not make it so. the whole thing remains unconstitutional. congressman, jack kingston sp]weeted, with the obama care ruling, i feel like i just lost two great friends, america and justice roberts. what does this mean for republicans and their relationship with the supreme court? >> it is stunning. no one has been able to figure out what influenced roberts, personal considerations or an attempt to save the reputation of the court. if he voted the other way, it would have been a very divisive and partisan ruling that might have further undermined their speculation. people are speculating he is the chief justice and while he is a conservative, he felt a responsibility to the institution of the core. it does make the issue you of the supreme court less of a hot button. you

a vote by bush-appointed chief justice john roberts.and we'll with talk about presidents who have for a hundred years tried to bring health care to all americans. now barack obama has done it. we'll speak to two members of congress in just a moment for their reaction. but i want to begin with what happened inside the supreme court today. joining me now is jeffrey rosen, law professor at george washington university and legal editor of "the new republic" and ian millhiser. he was inside the courtroom today. thank you for joining me. >> thank you. >> jeff, let me start with you. jeff rosen. the chief justice said the law's individual mandate was constitutional. he wrote quote, the law's requirement that individuals pay a penalty for not obtaining health insurance may reasonably be characterized as a tax. because the constitution permits such a çtax, it is not our rol to forbid it. was that the sentence that saved the health care law? >> that is absolutely the sentence that saved the health care law. lots of people have been focusing on a

a lot of change those both you guys are are are of the opinion that this is not constitutional john roberts voted wrong that's right is it possible that michael savage was half right michael savage says that roberts has had epilepsy all his life and therefore his medications are making him crazy was it possible that roberts having had epilepsy all his life is probably the one guy on the court uniquely qualified to understand what the hell a preexisting condition is and in fact he's probably been turned down for insurance a half dozen times in the last thirty years i think that he's he's obviously an intellectual on the court and only an intellectual could come up with the argument he came up with saying it is a tax but it's not a tax it's a tax for purposes of of the constitution it's not attached to you in other words you don't think was preexisting condition anything to do it with no absolute i think what he wanted to do was preserve the court and it's all about him serving the curiosity i think i'd be very charitable the say that as a result of i guess some people are saying that it was

surprisingly, it was conservative chief justice john roberts who sided with the four liberal judges ine majority. roberts upheld the so-called individual mandate, requiring all americans to have health insurance or pay a penalty. roberts said while congress could not force people to buy something like insurance, it could tax those who are not insured. also upheld, insurance companies cannot disqualify people because of preexisting conditions. they can't raise rates on the chronically sick, and children can remain on their parents' health plan until age 26. the court struck down one part

>> no, i went over to the oral arguments several months ago, and listened and watched john roberts and is a tremendous affirmation of what president obama was able to get through the congress with the help of some of us. i think all of this time we have been waiting for the supreme court to say it's constitutional or not, and today they said move ahead and make this thing work, and i -- i think for it to be done by john roberts was an extraordinary pat on the back to the president. >> and speaker boehner is going to say we're going to have a vote the week of july 9th to repeal the affordable care act. >> yeah, the word is already out. it will be on the 9th of july. we're going to come back and vote to repeal it all. they won't -- when they have lost -- they -- they still want to go in the dugout and kick the bat rack -- >> that's a good sports analogy. kick the bat rack. but that just seems like a political loser too, doesn't it? it looks sore losery and they know it is not going to pass the senate. truly what do you think the point is. >> the point to rile up their base. they don't wa

chief justice john roberts. kbt go bigger than john roberts. >> let's take a look here. shortly after the court's decision was released. and chuck said this today. chuck todd. the better the decision, the faster the president's response. here he was at high noon today. let's listen to the president. >> earlier today the supreme court upheld the constitutionality of the affordable care act. the name of the health care reform we passed two years ago. in doing so, they've reaffirmed a fundamental principle that here in america in the wealthiest nation on earth, no illness or accident should lead to any family's financial ruin. i know the debate over this law has been divisive. i understand the concern millions of americans have shareholder. i know a lot of coverage is focused on what it means politically. well, it should be pretty clear by now i didn't do this because it was good politics. i did it because i believed it was good for the country. i did it because i believed it was good for the american people. >> a

i've got a great deal of respect for john roberts.nt a lot of time vetting him, talking with him about his philosophy of judging, and so, listen, no matter who the judge is, you're going to disagree at some point with respect to decisions by judges. that's just the way it is. but i have a great deal of faith in john roberts in the decision he rendered today. and what's really important from my perspective is we need to find a way to make sure we have viable health care, affordable health care, effective health care for americans, and now we know that we can, that this is one avenue to get it through the affordable care act. the political process, if people believe we ought to go a different direction, then we should do that. megyn: talk about this commerce clause ruling to the extent the high court said with the majority you cannot expand the commerce clause, and i just want to read the viewers a quote. this is from justice roberts. it's a little long so bear with me. he writes: construing the commerce clause to permit congress to reg

theme ♪] >> we were all set to have healthcare for children with preexisting conditions until john roberts>> i think roberts saw the writing on the wall. >> yeah. >> it would go straight to medicare for all. >> and that still might be the case with the fee they are calling a tax. it was called the tax by john roberts whom they don't respect anymore. >> yeah. they used it to say obama lied. >> exactly. >> he put a birth certificate in the hawaii paper -- >> let me finish! >> yeah they are calling obama a flip flopper while trying to elect romney. >> let's all pause for that delicious irony. >> romney called the mandate the individual responsibility principal. >> sure. >> but now it's the worse ever. they are furious about this. but romney is going to repeal it on day one. >> right. >> on day one all of you sick kids better celebrate -- >> yeah your free ride is about over, slackers. >> these are the guys that keep saying pick yourselves up by your bootstraps -- >> i loved i got the idea from newt who got it from the heritage foundation. >> yeah, and that's the argument obama should have mad

chief justice john roberts under intense scrutiny over the health care decision.e thread the needle here? judicially or did he across the line? a constitutional lawyer with answers ahead. >>> made in the u.s.a., that's the theme of our three big money headlines, one company setting up shop in the united states might surprise you. olaf's pizza palace gets the most rewards of any small business credit card! pizza!!!!! [ garth ] olaf's small business earns 2% cash back on every purchase, every day! put it on my spark card! [ high-pitched ] nice doin' business with you! [ garth ] why settle for less? great businesses deserve the most rewards! awesome!!! [ male announcer ] the spark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet? our cloud is made of bedrock. concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up

with us. >> my pleasure. >> how surprised were you that the deciding vote came from chief justice john robertse expected justice kennedy would be the swing vote, but while he came down with the dissenting vote we saw roberts upholding the law? how surprised were you? >> i was surprised by the outcome. i personally thought the law, the individual mandate, would be struck down, but i always thought that justice roberts would be in the majority as chief justice on the highest profile case of his career on the court. there's just no way he would have allowed himself to be in the minority. so i was -- i did not expect the conclusion, but i did expect him to be in the winning side, whichever way it turned out. >> in your opinion what does it say about the chief's justice and what does it say about his legacy? >> he's an incredibly adroit man. he gave the president an obvious victory in upholding ated forrable care act, but i -- the affordable care auto, but he laid the groundwork. the -- care act, but he laid the groundwork. the underappreciated asset i think is the basis on which this law was uphel

consi that a tax increase. >> nobody that is except chief justice john roberts. republicans have been running today with his formulation. but keeping them honest, if justice roberts is right, if the obama care mandate really is just a tax, then so is the romney care mandate in massachusetts. listeno howth govno it i ee an assessment. the great majority of employers in massachusetts are assessed this fee right now. >> it was somewhat lower when governor romney was defending it. just like president obama, mr. romney said the fee, or tax or penalty, whatever you want to call it, was there to make sure nobody was free ride on the health care system. that was six years ago. a lot's changed since. including, you'll remember these, those town halls three years ago. >> this is more about taking power and control than it is about health care. if only the first step to socialism. >> i don't want this country turning into russia. turning into a socialized country. >> we do not want this nation to be socialist. >> we do not want them involved in our health care decisions. we

. >> now, it was the chief justice john roberts who offered up the swing vote. not anthony kennedy as many experts predicted. but the chief justice found that the mandate here for everyone should buy health insurance or pay a penalty, that it could not be under the power to regulate the commerce, but they held that it was constitutional anyway. and congress, they may have called it a penalty. but the chief justice, he says that it will be really a tax. it was all collected by the irs and well within congress' taxing powers. >> the health care was moved here. undeniable and irreversible. >> reporter: and they also expand the medicaid. offering it to everyone who will fall under 133% of the poverty line. but the court said that the federal government, they have no right to cut off all of the state's medicaid funds. that's if it fails to sign up for the expanded medicaid. and that, the chief justice said was not a gentle nudge, calling it an unconstitutional gun to the head. so the states, they are all left to decide whether or not to join medicaid expansions, and

. >> it was really the chief justice john roberts who was the swing vote and is the decider, really, for the chief to join the liberal justices is very, very surprising. >> chief justice roberts decided to take a walk over to the liberal side. >> j rob! how you could? i trusted you. where is the man who said unlimited corporate money, where is the man who voted against equal pay for women. i don't even know who you are any more! (laughter) nation this is the worst betrayal since benedict arnold teamed up with judas to stab caesar right in the crew ton. folks i am not the only one who has had their man crush crushed. republican congressman and georgia peach phil gingrey said of roberts, i don't want to drink a beer with him today. i'm not calling for his impeachment, i'm just very, very disappointed. are you happy, justice roberts? now phil gingrey is going to have to spend another night drinking alone. (laughter) (applause) and georgia, friend of the show, georgia's jack kingston was even pore crest fallen tweeting with obamacare ruling i feel like i just lost two great friends. amer

chief justice john roberts nominated by george w.four liberal justices upholding the individual mandate. just take a look at some of the headlines in the past few hours, in fact some of them just this hour. politico, obama wins big in ruling. "the huffington post," justice, obama care lives, roberts saves it. and from the far right, justice roberts drawing ire from the conservatives. the job report from the chief justice with the headline, take your medicine. and this from the daily caller, obama care becomes obama tax. let's bringç in justice correspondent pete williams and a controversial law professor. as i have pointed out, at least from the right, at this point, they are explaining away the

michigan is asking if it's now time for an armed revolt michael savage and bryan fischer are saying john roberts has gone off the edge because he's taking epsom epilepsy medication this is a law that protects one hundred plus million americans who have preexisting conditions that saves millions of kids puts them into the program already kids with preexisting conditions save seniors money on medicare prescription drugs y s e r republican so outraged by a law that will save millions of lives all i think is what we've just seen as a result of john roberts decision is that barack obama has imposed the single largest tax on middle middle class families that america's ever seen but those middle class i think he needs to justify which will probably just had about one percent of the people this is this is a penalty it all the other people issues not to buy health insurance so romney care which republicans are going nuts but essentially the idea they came up with a prominent conservative think tank came up with that was endorsed by their gingrich that mitt romney put in place was up out now in massachuse