I’m completely dumbstruck over the logic that was used to uphold Obamacare. I do understand Roberts’ opinion on its face after reading it, I just don’t understand how the Administration was allowed to make a “multiple choice” set of arguments and how the justices simply picked a, b, or c.
I was actually worried about this when the administration was allowed to keep trying on arguments until they found one that might work.
I think the fact that the one that the majority chose was the complete opposite of the one that Obama, Pelosi and Reid made to ensure that it passed – that the mandate wasn’t a tax, gives a strong campaign issue for the Republicans to run on. The differences are now clear, Democrats = Marxists = total control over you, Republicans = free enterprise = freedom for you.
I’m down as anybody over this but the worst thing to do is panic. We have lost a major battle but we have not lost the war. As I have pointed out, this is a long war. We have been headed to this point for over a hundred years and it won’t turn around in one election cycle.
I did see a couple of things in the majority opinion that can be used to start the climb back out of the well the Roberts Court just tossed us in. Roberts’ narrow construction of the limits of the Commerce Clause is a plus and the fact that by calling this a tax, mandates are fair game to attack.
I’ll have more after this has a chance to sink in. The rulings are complicated.