Quote:
Originally Posted by LAblondeGPhi
My guess is because the ruling specifically said the individual mandate doesn't work under the Commerce Clause, but that it does work under the fed's ability to levy taxes.
Ghostwriter kept mentioning how this decision changes the ballgame in terms of federal power, and then used an article talking about how flimsy the Commerce Clause argument was. Well, apparently his linked article is right, and SCOTUS didn't change anything about how the Commerce Clause can be applied.
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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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