An Unpersuasive Majority Ruling on Obamacare by Ilya Somin.
Today’s 5-4 Supreme Court decision upholding the individual health insurance mandate shows that the Supreme Court takes constitutional limits on federal power seriously – but not seriously enough. As a result, Congress now has the power to impose a mandate to do almost anything, so long as it is structured as so-called “tax.”
That ruling both misreads the Constitution and gives Congress a dangerous new power.
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