I’m still digesting the ACA ruling, but here are some thoughts.
- First and most obviously, I was very glad to see the ACA was upheld.
- I’m hugely disappointed that the court seems to have drank the broccoli koolaid. The argument that no limiting principle was defined and hence upholding the mandate under the commerce clause would lead to mandated purchases of broccoli always was and shall remain ridiculous. The government indeed laid out multiple limiting principles on why such a mandate could not occur under the commerce clause.
- In his opinion on the commerce clause issue, Roberts stated that the founding fathers understood the difference between inactivity and activity, and thus he was upholding their vision. This is just blatantly false. Nowhere does the distinction appear in the constitution. George Washington mandated the purchase of healthcare and guns. Inactivity v activity is a distinction first articulated less than 2 years ago. It is not a deeply held constitutional principle.
- That being said, those worried about the impact of the ACA on the government’s power under the commerce clause should consider today a victory.
- Those only pretending to be worried about constitutional ramifications, but really just looking to smack around a president they don’t like, should consider today a defeat. Which one did you see more of today?
- Wow does CNN look stupid. It’s not like this ruling was released by surprise.
- I’m impressed by the internet’s ability to cram anything into a cat meme.
More later.
520 Chestnut 
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