[circlecity]

This position is nonsense. Roberts didn’t really gut the commerce clause, he eliminated the necessity of using it a a basis for jusrisdiction for any law the Fed. Government wants to pass. From now on congress can pass any law they want just by adding a massive tax for non-compliance. That way they will base jurisdiction on Federal taxing authority rather than the commerce clause. This a massive extension of Federal power and scope.

[jwalsh07]

Absolutley correct, the gullibility here is astounding.

[mojito]

Roberts just invented the most pernicious new precedent for vastly expanded Federal power since the New Deal. Congress can now call any regulatory penalty under any circumstance a tax and it will now be upheld under Congress’ unlimited taxing authority.

Even worse, the court can now rewrite congressional legislation and impose a “tax” where none previously existed, thus superseding Congress.

This decision is far far worse than any I could have imagined. How Roberts cooked this one up is beyond rational explanation.