28 June 2012

as you probably already know...

...the Supreme Court has upheld the Affordable Care Act insurance mandate, as well as nearly all of the law's other 92 provisions.  The liberal wing of the court ruled that the law was constitutional under the Commerce Clause, while the conservative wing of the court ruled the law unconstitutional.  Justice John Robert's was the swing vote on this ruling, deciding that the legislation was constitutional, but not under the Commerce Clause, but rather as part of the right of Congress to create and raise taxes.

The Atlantic has an interesting article about how John Robert's might be the sneakiest of the sneakiest by ruling in such a way as to deny Obama a rallying cry to his base, giving Romney a rallying cry for his base, and casting the already unpopular ACA as a dirty, dirty tax.

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