So it turns out the Dread Pirate Roberts is also not left-handed.
I did not foresee today's outcome, and it will be interesting to see its impact beyond the Affordable Care Act alone. A lot of scholars believe the mandate needn't have been considered a tax in order to survive, that the commerce clause was sufficient, but Roberts and his normal teammates chose to expand beyond the specifics of the case and decide on the commerce clause's limits (judicial activism, just as they practiced with Citizens United). But in keeping with his wild ways, Roberts chose to declare the mandate a tax, and thus constitutional. But am I wrong in thinking that taxes have to originate in the House? Is Roberts now saying it's OK if they originate in the Senate? He is, indeed, very left-handed and then again, not.
Meanwhile, it's of course been fun watching heads explode on the Right. One blog thinks the SCOTUS has always been slow to defend "constitutional liberty", completely forgetting how the court threw out Washington DC's gun laws. All of a sudden Second Amendment protections don't matter?
Doubt I have anything to say at this hour which you haven't considered or read elsewhere.
Home | | 8:31 PM
(DISCLOSURE: I work for Abt SRBI. My company does polling. My opinions should not be construed as representing those of my employer.)