Laurence Tribe, a Harvard Law professor, predicted today that the Supreme Court will uphold Obamacare on Thursday with a majority vote led by Chief Justice John Roberts.
“I do think the court will surprise a lot of people when it probably upholds the Affordable Care Act in an opinion written by another former student of mine, Chief Justice Roberts this Thursday,” Tribe said on MSNBC.”You can be deeply conservative and still believe that the Affordable Care Act is completely consistent with the United States Constitution.”
He said that upholding the law would “be a partial antidote” to the argument — promoted by Obama and other Democrats, especially after the Obamacare oral arguments in March — that the Supreme Court has been politicized. Tribe argued on behalf of Al Gore in the Bush vs. Gore (2000) case pertaining to the Florida recount.
Tribe played a role in a controversy surrounding Justice Elena Kagan, who ignored calls that she recuse herself from the case, even though she Kagan and Tribe exchanged emails hailing the passage of the bill in 2010.
“I hear they have the votes, Larry!! Simply amazing,” Kagan wrote to Tribe in March 2010. Tribe replied excitedly in a note mocking the pro-life House Democrats who had held up the bill for being hoodwinked by the Obama administration.
“So health care is basically done!” Tribe wrote back to Kagan. “Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!”