Monday, July 02, 2012

Lefties Are Laughing At Chief Justice Roberts

If John Roberts thought that he could get liberals to respect him, he was wrong.
In the end, of course, Roberts did uphold the A.C.A. as an exercise of the constitutional power to tax. Frankly, that argument is not a persuasive one. As the conservative Justices wrote in their joint dissenting opinion, taxes are enforced contributions to support a government; penalties are punishments for unlawful acts. The individual mandate is clearly designed to induce the purchase of insurance, and the only people who have to pay the fees are the ones who refuse to go along. That sounds a lot like a penalty. But it was good enough for Roberts, and it led to the correct result. Any port will do in a constitutional storm.


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