Upholding ACA, laying groundwork to strike down New Deal On a happy day for many of us, where the Affordable Care Act was upheld in a 5-4 decision (PDF) authored by Chief Justice John Roberts, there is a dark cloud attached.. The Chief Justice accepted the federal government's argument that Congress had exercised its taxing power in enacting the mandate. But rather than being a judicial minimalist and deciding only those constitutional questions that must be decided, the Roberts Court bulled on to decide issues that need not have been addressed'whether the mandate exceeded the Congress' Commerce and Necessary and Proper power.
And the Roberts opinion on the scope of the national government's power to address national problems is a shot across the bow to the Supreme Court's New Deal jurisprudence that underpins our modern national government.
(Continue reading on the flip)
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