Quote:
Originally Posted by TonyB06
I agree w/ yours and DeltaBetaBaby's (?) earlier post but am pretty sure read that Ginsburg, in her separate opinion (presuming here that she spoke for at a least a segment of the other concurring "yes" voting block) said she had no problem with the individual mandate being consitutional under the Commerce Clause. It was Chief Justice Roberts' use of the taxing authority arugment that brought about his crucial 5th vote.
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The commerce clause argument doesn't pass by a majority opinion, though. The majority agree that Congress has the right to levy a tax. The majority do NOT agree that Congress has the right to force you to buy health insurance under the Commerce clause. The more liberal leaning justices all agree that congress can do this, but that is no more valid than the opinion that the entire law is invalid held by the conservative justices.