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Originally Posted by Killer
You are of the mind that the finding that the statute was valid under the taxing power to be something other than "tortured and convoluted"? Care offer any characterization as to precisely how Roberts arrived at that finding and what supported it?
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The opinion does it nicely, I think. So does the government's brief, which I linked to previously. That Scalia disagrees with Roberts does not mean that Roberts' logic is tortured or convoluted.
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...In fact Obama and his administration refuse to accept Roberts finding but accept his ruling, still today...
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That's just politics. Doesn't mean anything.
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...Roberts ruling is now law not because it is supported by prior legal doctrine but because the simple majority have declared it to be so, the finding is an example of judicial activism if there ever was one.
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On the commerce clause part and the Medicaid part, I agree. On the taxing power, it's right down the middle of the plate,
AFAIK.