Super Lawyers
William C. Altreuter

Thursday, June 28, 2012

I haven't made my way through the whole opinion yet, but although this is a big win I suspect that what happened here is that Roberts joined the majority in order to rein in Commerce Clause jurisprudence. By holding that the ACA mandate is permissible under the taxing power he has enabled the right to argue that Obama has "raised taxes" on the poor and middle class. In other words, even though he upheld the statute the CJ still managed to create a partisan issue for Republicans to campaign on. Eleventh Dimensional Chess? Maybe. I think this decision will make advancing a progressive agenda in the future a more difficult proposition than it already is.

Also, I think Kennedy is a frickin' tool.

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