Friday, June 29, 2012
Roberts is a Sneaky Bastard
Slate's take on the recent SCOTUS opinion regarding the constitutionality of Obamacare is, I believe, right on target.
Yes, it would have been easy (expected even) to write his opinion on "party lines" given the discontent growing not only amongst the citizenry, but also amongst the medical community, but instead, he took the opportunity to set a much more important precedent: Congress can not utilize the Commerce Clause to justify any and everything they want to will into existence.
This is important. The Commerce Clause has historically been a veritable "catch all" for passing legislation due to its vague definition of the word "commerce".
One needs to remember that Congress still has the power to change the law, should they deem it necessary to do so, and it still has to be funded. If President Obama's administration's behavior has done anything, it has set the precedent that the Executive branch may act (or not) however it pleases; even if that means choosing not to enforce laws.
The next President would be wise to remember that tidbit.