The Supreme Court and the ACA: 5-4? Really? What the decision is about. And not about.


The Roberts Court brought the curtain down on a fractious Term in a stranger-than-fiction kinda way. Roberts' opinion in the health reform case has been declared by many to be a high-minded approach to doing the right thing and forging a new way forward, to bringing the Court together across the aisle of ideological divide and taking the first step to restoring its reputation in the minds of all Americans. Others find that it should be recognized instead for what it is: a straitened re-reading of Commerce Clause jurisprudence, which will serve as the foundation for further narrowing of the powers of the Federal government over the coming decades of the Roberts Court -- and, consequently, for further limiting the rights of the disenfranchised, the minority opinion holders, those who need the protection of the Court.

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Topics:  Affordable Care Act, Commerce Clause, Healthcare, Individual Mandate, John Roberts, Medicaid, SCOTUS, Taxing Power

Published In: Constitutional Law Updates, Health Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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