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Originally Posted by Honus
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.That's just politics. Doesn't mean anything.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. |
I don't understand how O can argue the issue is under commerce clause and deny it is a tax and then SCOTUS didn't say it was unconstitutional under CC and that was the end of it.
Robert's essentially rewrote the law.