[D Rider]

In his opinion, Roberts explained in detail why he believes his view is not inconsistent with precedent, siding with conservative architects of the legal challenge in the argument that Congress may not regulate inaction.

That's nice. Does that mean that the commerce clause cannot be used to order us to get into cattle cars? /s

[SERKIT]

What do LibDems like Chuck “U” Schumer and Mohammedans have in common? They are never happy until the other side is obliterated and they are easily upset.

[philman_36]

The other linked article is good as well...
@Anti-‘Obamacare’ Lawyer Celebrates Supreme Court RulingThough Barnett’s policy preferences weren’t vindicated Thursday, the crux of his legal theory is now the law of the land. The case against the healthcare law rested on Barnett’s argument that the Commerce Clause does not empower the government to regulate “inactivity” — Congress can not make idle people enter the health insurance market if they don’t want to enter it.

And yet aren't people saying the Commerce Clause argument is dicta?

But though the battle over ‘Obamacare’ is now confined to the trickier realm of politics, Barnett views the Court’s holding on the Commerce Clause as more than a consolation.
If it were dicta instead of a holding wouldn't this man be rather upset and quite vocal about it?

[philman_36]

How about hearing it from Randy Barnett himself...
@ We lost on health care. But the Constitution won.Lawmakers argued that this mandate was justified by the Constitution’s commerce and “necessary and proper” clauses. Had we not contested this power grab, Congress’s regulatory powers would have been rendered limitless.
They are not. On that point, we prevailed completely. Indeed, the case has put us ahead of where we were before Obamacare. The Supreme Court has definitively ruled that the commerce, necessary and proper clause, and spending power have limits; that the mandate to purchase private health insurance, as well as the threat to withhold Medicaid funding unless states agree to expand their coverage, exceeded these limits; and the court will enforce these limits.

Wouldn't this man know above all others if it was dicta or a ruling?

Are people already being led this early on to come to a false conclusion about dicta vs ruling?

[mo]

Anytime Chuckie is unhappy.....something is going right somewhere in America!!!!

[Junior_G]

Nice of Schumer to try to give Roberts some cover.