COMMENTARY BY SENATOR DURENBURGER

The Supreme Court Decision
Will go down in history not because it alters the course of either public policy or appellate jurisprudence. It’s neither Dred Scott nor Brown v. Board of Education. It’s not Bush v. Florida or Citizens United v. FEC. The Chief Justice of the United States decided it was not the job of the highest court in the land to make law when the Congress already had. Justice Roberts turned out to be more the constitutional conservative than his four right-of-center colleagues by his specificity. Regarding the separation of powers, regarding the individual mandate’s “regulation of the uninsured as a class is in fact particularly divorced from any link to existing commercial activity.” And his finding that giving the executive branch power to enforce so large an expansion of the Medicaid program by withholding federal funding of any state Medicaid money was unconstitutionally “coercive.”
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