In response to:

The Roberts Opinion: It's Not All Bad

Lawson L. Wrote: Jun 28, 2012 5:52 PM
Kate, I understand your points, but I still disagree oth the assertion that this is just like the sin taxes. In each if those cases (gas, cigarettes, etc) you are still choosing TO purchase something and getting taxed on that active decision. Where does Roberts provide a relevant example of taxation on inaction.

John Roberts is not a “traitor to his philosophy.” He is not a liberal. He is, above all else, a very strict originalist, and the Chief Justice of a Court that is acutely aware – and wary – of its role in politics. Understand that his opinion, though certainly not ideal for the Right, contains more good news for conservatives in its pages than it does on its face.

So let’s take a look at his surprising opinion – the controlling opinion, as it’s called, which sets precedent and “say[s] what the law is,” as Marshall said so long...