6.28.2012

Chief Justice Roberts splits the baby on ObamaCare

Chief Justice says Congress doesn't have authority to mandate health care purchase under Commerce clause, so we'll just call it a tax.

The infinite expansion of the Commerce clause we feared didn't happen, and ObamaCare can be undone by a new Congress. But now Congress can apparently take away any right you have by just imposing a "tax."

How about a $100,000 tax for free speech?

UPDATE: Glass-half-full view from SCOTUSblog:
Lyle: The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.

4 comments:

Negocios Loucos said...

This is great, another flag the Republican Party will carry just like abortion. They will rally to the absurdity of this law and when they have power do nothing about it. I hate this liberal crap but I get nuts over their "conservative" opposites. And what chance is there of Mittens signing a law to overturn it? He tried this himself in Mass.

Doo Doo Econ said...

Remember that Roman citizens held to the belief that they were a republic for a hundred years after it became an empire.

K T Cat said...

He could have done the same thing and struck down the law. This was hideous.

Dean said...

W.C., that quote by Lyle reminded me of the fact that Obama issued a signing statement saying he would never carry out the detention and assassination powers given to him in the ADAA.

It doesn't matter. It's still the law.

Nailed it!

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