If it had been up to Obama, after all, John G. Roberts Jr. would not have been holding the Bible at the president’s swearing-in, and Samuel A. Alito Jr. would still have been in his New Jersey judicial chambers rather than in the second row of the House mouthing “not true” during Obama’s 2010 address to the nation. As a senator, Obama voted against the Supreme Court confirmations of both men. But these days, the president must hope that grudges are put aside. He will need at least one Republican-appointed justice on the increasingly conservative court to uphold the signature domestic achievement of his presidency: health-care reform. The court’s four liberals, two appointed by Obama, are forecast as reliable votes in favor. But Obama needs at least five. In six hours of oral argumentsover three days later this month — the most time the court has spent on a case in 45 years — the Obama administration will try to convince the justices that the Constitution grants Congress broad power to regulate interstate commerce and provide for the national interest. Broad enough to require that almost every American purchase health insurance or pay a penalty.
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The Washington Post