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John Roberts = Admiral ACAbar?

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By HVpolitics on June 29, 2012

Comedian Dave Rubin: “May the forced health care be with you!”

To get a better grasp on what went down inside the court on Thursday (as opposed to this circus outside), we reached out to a lawyer and adjunct law professor who helped draft one of the amicus briefs submitted to the Court.

Three reactions to the health-care decision:

(1) I am absolutely overjoyed that the Court has upheld the Affordable Care Act, and that the vision of universal coverage is closer today than it was yesterday.

(2) As a long term legal matter, Chief Justice Roberts: (a) now has himself a previously non-existent limit on Congress’s Commerce Clause power, and (b) a previously unrecognized limit on Congress’s Spending Clause power. He will have these limits at his disposal over his next 20+ years as leader of the Roberts Court.

(3) As political matter, his maneuvering was absolutely genius. He has (a) protected the institution of the Court; (b) forced Obama and the Democrats in Congress to acknowledge that the mandate is a tax and, thus, they have raised taxes on earners under $250,000; and (c) ensured that, as a tax, the mandate can be repealed by reconciliation — i.e., a bare majority of both Houses and the signature of a Republican President.

Roberts got his limitation on federal power and got to ingeniously play the political game without receiving any fault for doing so.

And, most importantly, the uninsured will now get insurance.

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