John Roberts was the first justice to appear from behind the curtains when the buzzer sounded in the Supreme Court chamber at 10 a.m. sharp. He forced a tight grin and scanned the audience, which, on this historic day, included several members of Congress and retired Justice John Paul Stevens. The only hint of what was afoot came from Antonin Scalia, who, taking his place at the chief justice’s right, bowed his head, as if in mourning.
“I have the opinion in NFIB v. Sebelius,” Roberts announced matter-of-factly, as if stating that he was about to admit a new crop of lawyers to the Supreme Court bar. His words were so measured and his delivery so calm, that 14 minutes elapsed before he signaled which way the decision had gone — by answering those who wanted to declare the health care law unconstitutional with those two dreaded words: “We disagree.”
In the audience, Sen. Orrin Hatch, R-Utah, a foe of the law, folded his arms across his chest, his mouth slightly agape. Sen. John Barrasso, R-Wyo., put his chin in his hand. Rep. Tom Price, R-Ga., a leader of House conservatives, shook his head. Scalia was reclining in his chair, staring blankly. Clarence Thomas was practically horizontal.
Roberts explained why he had sided with the four liberal justices: not because he thought the health care law was “good policy” but because there wasn’t a constitutional reason to invalidate the individual mandate at the core of the law.