Quote:
Originally Posted by Dudesky
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.
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First, you do understand that decisions aren't limited to arguments or briefs, right?
C.J. Roberts didn't "rewrite" any portion of the act, but found that most of it was not in violation of the US Constitution.
Your misunderstanding is therefore quite reasonable, I suppose.