I’m Not Down on John Roberts

By: Erick Erickson (Diary)  |  June 28th at 11:35 AM  | 

Having gone through the opinion, I am not going to beat up on John Roberts. I am disappointed, but I want to make a few points. First, I get the strong sense from a few anecdotal stories about Roberts over the past few months and the way he has written this opinion that he very, very much was concerned about keeping the Supreme Court above | Read More »

The Supreme Court Forces Us To Deal Within the Political System

By: Erick Erickson (Diary)  |  June 28th at 10:47 AM  | 

In a 5 to 4 decision, Chief Justice John Roberts, writing for the majority, upheld the individual mandate as a tax increase — something Barack Obama said the individual mandate was not. Along the way, the Supreme Court did two things. First, it restricted Congress’s power under the Commerce Clause, though showing just how expansive the tax clause in Article I, Section 8 is. Second, | Read More »