He’s losing 9-0.
Sorry, this is so unconstitutional that even a leftist judge can’t have any doubts about this.
The reason this is at SCOTUS is because the administration openly lied. If SCOTUS kicks it back as a tax, the conservatives will spend every penny they have until Novemeber saying Obama lied. If it is not a tax, it’s unconstitutional. Obama said it wasn’t a tax.
I wouldn't bet on it. Two appeals court justices, both friends of Scalia, cited his opinion in Raich to uphold Obamacare:
Both Silberman and Sutton cited Scalias opinion in 2005 upholding strict federal regulation of marijuana in the case of Angel Raich, a Californian who used home-grown marijuana to relieve her pain. If Congress could regulate Angel Raich when she grew marijuana on her property for self-consumption, Sutton wrote, it is difficult to say Congress may not regulate the 50 million Americans who self-finance their medical care.
http://mobile.latimes.com/p.p?a=rp&m=b&postId=1165037.
This is a joke, correct? If not, you don't know what a leftist is.