Chief Justice Roberts was entirely correct in holding that the Affordable Care Act's individual mandate could be sustained as a tax. But in describing why that was the case, Roberts also revealed a fatal flaw in the section of his opinion that dealt with the Commerce Clause. READ MORE >>
The Killer Precedent for Today’s Decision
Even the Most Conservative Supreme Court Justices Have Already Declared Mandates Constitutional
Ever since the United States Supreme Court heard arguments about Obamacare’s constitutionality in late March, speculation has been rife that the Justices will strike down the individual mandate. The predictions rest on a single assertion: That individuals have never before been required, under the authority of the Commerce Clause, to purchase a product or service from a private party. In other words, that there is no precedent for a “purchase mandate.” READ MORE >>
