Roberts' ruling: Shrewd yet retrogressive
By | Hernando Today
Published: July 05, 2012
Updated: July 05, 2012 - 11:44 AM
Published: July 05, 2012
Updated: July 05, 2012 - 11:44 AM
"Roberts's strategy – to reject the health insurance mandate as valid under the commerce clause, but accept it as an exercise of Congress's taxing power – was one of the shrewdest strokes in the Supreme Court's history.
On the one hand, it saved him – and the court – from taking the blame for killing a law that will benefit most Americans and prolong the lives of many.
On the other, it gave him the opportunity to adopt what Justice Ruth Bader Ginsburg properly called a "stunningly retrogressive" interpretation of Congress's power to regulate interstate commerce."
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