We have argued before that the Supreme Court should strike down Obamacare. While the Constitution grants Congress the power to regulate commerce among the states, and to make all laws necessary and proper to execute that power, Obamacare’s command that all Americans purchase health insurance cannot be justified under either grant.
Perhaps we are wrong. Perhaps there are better arguments for the law’s constitutionality than those we have so far seen from its defenders. But some of those defenders now seem to be dispensing with such arguments altogether. Instead they are threatening dire consequences for the reputation of the Supreme Court and especially for Chief Justice John Roberts if he joins a majority of the justices to strike down the individual mandate.
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