It seems to me that as bad as the USSC upholding commiecare was, something really positive came out of it.
Most of the laws that come out of Washington that expand government and tramp on the 10th amendment are based on the commence clause. While it may be true that the feds can force us to buy toothpaste... There not going to be able to justify it with the commence clause, and they are very unlikely to want to call it a tax.
Taking away the commence clause crutch is going to make it very difficult for congress to justify the constitutionally of a large portion of the laws and regs that come out of Washington.
They don’t have to call it a tax. Call it a penalty and Roberts will pretend it is a tax!
“Taking away the commence clause crutch is going to make it very difficult for congress to justify the constitutionally of a large portion of the laws and regs that come out of Washington.”
naa Congress will call it under commerce clause and the SC will call it a tax for them and make everything work out.
Bingo, this ruling has opened the door to revist the constutionality of much of the Great Society and FDR...
I’m like you.....digging around looking for that pony.
If Roberts was being sincere in his Constitutional analysis, all he had to do was (a) declare the law AS WRITTEN was un-Constitutional and that (b) in order to fix the law, Congress would have to pass a new version explicitly stating that the mandate was a tax. This would have forced Obama to persuade Congress that such a massive tax increase was in the best interests of Americans. Knowing that such a bill would never pass Congress, Roberts bastardized the law and declared that the mandate was something that it’s authors swore it was not. Roberts and the looney 4 have usurped Congress. He needs to be impeached.