I thought the expansion of taxing authority embodied in Justice Roberts opinion was fairly limited, looks like I was wrong. Maybe that’s why I’m not a lawyer.

If Dan’s right about this, and I’m not about to argue with him, this may be worse than extending the commerce clause.

We’d best get Congress and the President back under control this fall or it’s likely to get bad, very bad, for us all.


The majority decision distorts the Constitution to uphold ObamaCare.
As bad as ObamaCare is, the decision transcends ObamaCare most perniciously because
it expands the power of the Congress to interfere in countless other ways as yet unknown in how we live our lives.

John Turley today noted that having decided that the ObamaCare individual mandate is outside the authority of the Congress under the Commerce Clause, the Supreme Court found the requisite authority in the congressional authority to tax.

But no sooner had Roberts proclaimed his love for federalism than he effectively killed it. Roberts held that the individual mandate still fell squarely within the taxing authority of Congress. If so, all those “broccoli” questions asked by Roberts and other justices simply move over to the tax side. If Congress can “tax” people for not having health insurance, how about taxes on people who don’t have cellphones (as Roberts asked)?…

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3 Responses to

  1. Freedom, by the way says:

    It’s just as bad as expanding the commerce clause.


  2. Pingback: Randoms: Obamacare: Now Even More Supreme than the Law of the Land, & CotUS & Stuff « SubConch

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