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Showing posts with the label John Roberts

No, Virginia, It Wasn't The Commerce Clause

So in a move that surprised almost everyone, the Supreme Court of the United States upheld Obamacare, not because of the swing Justice Kennedy voting to uphold the power of the Commerce Clause, but because Chief Justice Roberts decided Congress actually meant the individual mandate was a tax, and that the Congress has the power to levy such a tax, that is to say a tax on inactivity. Were that not mind boggling enough, in a stunning display of Fridge Logic , conservatives took to their various media outlets to theorize that this incredible defeat was actually a secret win, created by the genius of a Chief Justice looking beyond the immediacy of the current political climate. What is this theory?  Well, to put it simply, they believe Chief Justice Roberts has managed to simultaneously gut the Commerce Clause powers, hand Mitt Romney an election booster shot, and insulate his Court against the backlash that its decisions are merely partisan in nature.  T...