Chief Justice John Roberts upheld the constitutionality of Obamacare stating that it was constitutionally valid but not under the Commerce Clause.
Roberts ruled that instead, Obamacare was valid under the Taxation powers granted to Congress.
While Roberts’ swing vote for the court may be a short term victory for Democrats, there is also the issue that long term this may also limit the use of the Commerce Clause and to decrease federal power grabs.
Roberts sided with the court’s four conservatives in declaring that Congress may not, under the Commerce Clause, force people to engage in market transaction.
In other words, the Commerce Clause can be used to regulate activity but it may not be used to regulate inactivity. Instead, Roberts relied on the taxation powers that the Constitution grants Congress to uphold the health care law.
{ 0 comments… add one now }