Smartest Man in the Room

John Roberts

    Everyone has their fav. justice. I have a few but Roberts is one of them. I pride myself on being one of Madeleine Albright's "Moderate Militants" so am not a right wing-nut, neo-con or ever aspire to be published in the Human Events rag. I have volunteered on only Democratic Presidential campaigns in the past.
   John Roberts has proved himself to be on the bench lately exactly what he promised at his confirmation hearing- a stalwart follower of stare decisis and the rule of law. No, the commerce clause can't reach limitless bounds of all human conduct because someone wants someone to buy something. Clearly. Good Call.
    The taxation issue saving Obamacare did a few things- it construed the taxing and spending provision of the constitution broadly enough so that penalties are within the power of the government. What else could there be penalties for tax wise?  Maybe the penalties provision was a stretch when the penalty does not pertain to any underlying tax but a behavior that the government sought to modify in connection with commerce. Is that another new category for the taxation and spending power?

   What else it does is this: it gives all those religious exemption folks something else to hang their hat on in summary judgment if the religious liberty arguments fail. Because clearly there are some religious liberties which are not allowed because they are deemed detrimental to health. In a world where a prison inmate can sue for lots of damages because after a prison rape she was not provided a morning after abortofascient pill while in prison- the likelihood of a religious liberty trumping provision of insurance to make possible (not mandatory) contraceptions that prevent disease wasn't and isn't a slam dunk.

   But if the entire Obamacare statute's legitimacy hinges upon it being a TAX under the taxation and spending power then it is possible that all tax exempt orgs. shouldn't have to comply with it- Someone should be making that argument, which likely has more rational sway than the religious liberty one constitutionally.

    Congress can legislate for the 'general welfare' under the  constitution by imposing a Tax. If you don't have to pay taxes, you should be exempt from that general welfare requirement.  Maybe.

Whether that flies or not, or anyone gets it or not, I think Roberts is a genius. You figure it out. -or you'll have to pay me to explain it to you.