Conservatives are always whining about "activist judges legislating from the bench" except when its their conservative judges attempting to legislate from the bench.
Thus, right wingers were rubbing their hands together as they counted on the five conservative Supreme Court justices act on their partisan convictions and strike down the Affordable Care Act. A Washington Times columnist even predicted the Court's ruling on immigration earlier in the week was designed to set up the president for a stinging rebuke.
So it was with great trepidation progressives watched the Supreme Court hustle to rule on Obama's signature achievement, duly enacted by Congress and signed into law by the president. I and many others were 99 percent certain the conservatives on the court would deal the president an embarrassing and costly political defeat just in time for the 2012 election.
Well hush my mouth.
Chief Justice John Roberts refused to be part of a plan to undermine the American democratic process. He voted with the four liberal-leaning justices to uphold most of ACA. Not only that, Roberts made a correction to the original legislation. He rejected the commerce clause argument offered by Obama, but called the penalty of those who failed to comply a "tax" that falls well within Congress' bailiwick.
The timing is splendid. Here we go into July 4 holiday with a rousing affirmation that, indeed, our democracy and the separation of powers created by the founders works.