George,

Richard Lazarus, now a Harvard Law school professor spoke at a symposium on environmental law at UVA while Chief Justice Roberts Senate consent was still pending. Obama and several other Senators were opposed to his appointment. I expected Lazarus to object to Roberts appointment as well. But he didn't. Rather he spoke highly of Roberts' personal qualities and his skillful advocacy for environmentalists in a case that challenged the Lake Tahoe regulations limiting land development in the basin. Lazarus went on to say that Roberts' arguments for Lake Tahoe before the U.S. Supreme Court didn't necessarily predict what Roberts might rule if he were on the Court. But his comments made a big impression on me.

In light of the Roberts' decision on Affordable Care, which has nothing to do with the environment, I can see the qualities that Lazarus noted. Conservative, yes, politically pragmatic, yes, but most vividly, he placed the legitimacy of the Supreme Court in the forefront by his cagey avoidance of the federalism challenge under the commerce clause, and providing a majority via the taxation clause. Obama may or may not have won the much needed healthcare reform, because there is an election pending, but Roberts' decision provides evidence that he is no Scalia, and in fact, is dedicated to making our constitutional system thrive.

Now, if we could find a way to box him in on Citizens United.

Rich Collins (Electronic Mail, June 29, 2012)