Did the Constitution Win in the Obamacare Decision?
Download Podcast | iTunes | Podcast Feed On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are joined by Randy Barnett to discuss the Obamacare decision, the Roberts switch and how the Constitution won the day. We’re brought to you as always by Stephen Clouse and Associates. If you’d like to email us, you can do so at bjackson[at]coffeeandmarkets.com. We hope you | Read More »
Thomas Dissents: It’s All Unconstitutional
Oh, how far we’ve deviated from our Founders in just over 200 years. The entire country is pouring over an incoherent, internally contradictory, ill-conceived and politically motivated decision by Chief Justice Roberts, which grants Congress the power to regulate anything that moves and the power to tax anything that moves and anything that doesn’t move. Yet, many conservatives are running around cheering this as a | Read More »
I’m Not Down on John Roberts
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
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 »