Tag Archives: individual mandate
In the Obamacare ruling shakeout over the Obama Healthcare Mandate, it appears that Roberts changed his mind after writing the, then, majority opinion overturning the individual mandate based on the commerce clause. He later wrote the new majority opinion upholding the mandate under Congress’ taxing power.
The chief justice isn’t the only one having it both ways. Obama has loudly insisted an estimated one zillion times on national TV that the mandate is not a tax (and he still does, now that he’s won).
After Justice Kennedy’s famous question, “can we create commerce in order to regulate it?”, it looked like the court wasn’t going to uphold the mandate as regulated commerce. So, the administration lawyers argued, hell yes, it’s a tax!
Chief Justice Roberts bestowed the burden of victory on the president by calling the individual mandate a tax.
The Hammer thinks Roberts heroically twisted and turned through narrow legal fissures to restore the integrity of the court, in the eyes of his enemies on left. Those enemies think the court soiled itself by putting George W. Bush in office in 2001 and that it has been illigit ever since.
But even as he saved Obamacare, Roberts found the use of the commerce clause to justify the mandate to be unconstitutional. So he rewrote the bill to save the bill, calling the mandate a tax. I guess we can all agree that anyone can be bludgeoned to do anything with a tax. Mission accomplished:
The Wall Street Journal is not so easily impressed. Its editorial today notes references to Justice Ginsberg’s “dissent”. Why would she dissent if she was in the majority, unless she wasn’t until Roberts switched sides?
“..If it is true, this is far more damaging to the Court’s institutional integrity that the Chief Justice is known to revere than any ruling against ObamaCare. The political class and legal left conducted an extraorinary campaign to define such a decision as partisan and illegitimate. If the Chief Justice capitulated to this pressure, it shows the Court can be intimidated and swayed from its constitutional duties.”
If you’re going to poach a cartoon go big. This is from Join, or Die, America’s first editorial cartoon, by Ben Franklin.
Severability is a precise legal term meaning to chop up into itty bitty pieces.