Charles Krauthammer: Why Roberts did it "The law stands, thus obviating any charge that a partisan court overturned duly passed legislation. And yet at the same time the commerce clause is reined in. By denying that it could justify the imposition of an individual mandate, Roberts draws the line against the inexorable decades-old expansion of congressional power under the commerce clause fig leaf.
"Law upheld, Supreme Court’s reputation for neutrality maintained. Commerce clause contained, constitutional principle of enumerated powers reaffirmed."
J. Christian Adams: The Good, the Bad, and the Ugly in the Court Decision
"There will be lots of analysis and spin today on the Supreme Court’s decision. But here is all you need to know. The Court got the Commerce Clause part right, but so what? They were never going to find the mandate within the power of the Commerce Clause. The Court, on the other hand, disregarded the position of the government and read the law to be a tax, and therefore within the power of the Constitution."
Roger Kimball:SCOTUS and ObamaCare: The Search for a Silver Lining "There is also the issue of whether overturning legislation judicially (as distinct from repealing it legislatively) is a habit to be encouraged. Right and Left complain about “judicial activism” whenever the court’s activity goes against legislation they like. “Activism” is not the issue so much as the proper role of the courts in our tripartite system. There is something to be said for limiting the use of the courts as a legislative tool."
Andrew C. McCarthy: ObamaCare Ruling: Pure Fraud and No Due Process "The ObamaCare mandate was enacted as a penalty flowing from Congress’s Commerce Clause power. It has been upheld as a tax flowing from Congress’s power to tax-and-spend under the General Welfare Clause. As the dissent sharply demonstrates, the contention that the mandate could have been enacted as a tax is frivolous. Meanwhile our country, trillions of dollars in debt and rapidly sinking further, desperately needs a debate about the limits of Congress’s power to tax and spend for the general welfare."
Rand Simberg: The chief justice threw down the gauntlet on Thursday to those of us who support limited government.
American Thinker: The Chief Justice Done Good "Chief Justice John Roberts has handed a remarkable victory to American conservatives by threading the judicial needle with perfect precision. The initial disappointment collectively felt by Americans who had hoped for a Supreme Court ruling that would overturn Obamacare soon will be replaced, upon further reflection, by the excitement that will come with a fuller appreciation of what the Chief Justice has wrought."
As Laura Ingraham asked, if this decision is such a good deal for conservatives, why weren't we hoping all along this would be approved? Or maybe some did and we were too obtuse to recognize it.
Breitbart isn't so optimistic and I'm afraid with good reason: What Long-Run Victory?
"Conservatives who are trying to salvage a little “hope and change” from Chief Justice John Roberts’s disastrous ruling in the Obamacare case yesterday argue that the limits the Court placed on the Commerce Clause and the power of the federal government vis à vis the states are victories for conservatives in the long run. But in this case, the short run is the long run: Obamacare will change our society forever--and not for the better." Via Lucianne
Big Government: The Path to 50 "Contrary to popular opinion, Republicans don’t need a 60-vote majority to ram through an Obamacare repeal – as Ken Klukowski pointed out yesterday, “The only way to stop Obamacare now is with a one-page repeal bill that must be passed by the House and Senate. Because it would reduce the deficit you can pass it with 51 votes as a reconciliation bill in the Senate; you don’t need 60 votes.” " Via Lucianne
