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When Chief Justice John Roberts
emerged from behind the red curtain and took his seat at the center of
the Supreme Court bench last Thursday, he did not look like his usual
self. The brisk confidence of the Midwestern burgher was absent,
replaced by a more sombre mien. His eyes were red-rimmed and downcast,
his voice nearly a mumble. The announcement of the Court’s decision in
National Federation of Independent Business v. Sebelius was clearly an
unhappy duty for him. It’s easy to see why. By affirming the
constitutionality of the Affordable Care Act—the legislative cornerstone
of Barack Obama’s Presidency—Roberts was disappointing those closest to
him. Roberts was a professional Republican: a staffer in the Reagan and
Bush I Administrations, a judge and a Justice thanks to Bush II. And
here, alone and exposed, Roberts joined with the Court’s four liberals
to dash the Republican Party’s most fervent wishes. It was a singular
act of courage.