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The Roberts Opinion: It's Not All Bad

tenthamendmentnetwork Wrote: Jun 28, 2012 9:07 PM
From a constitutional standpoint, the point of view in this story is just plain wrong. What's all bad about Roberts' opinion is that it betrays the very fundamentals on our Constitution by fully misunderstanding Article 1, Section 8 and its general welfare clause, perhaps in a way never done before. Nothing good comes from that. Complete analysis here: http://www.tenthamendment.net/home/universal-health-care-insurance-mandate-constitution.asp
ResistWeMuch Wrote: Jun 28, 2012 9:10 PM
But, the Court did uphold the 10th Amendment today when it struck the Medicaid expansion.

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...