Saturday, June 30, 2012

On Justice Robert’s 1-4-4 Decision

By JOHN YOO

Justice Roberts's opinion provides a constitutional road map for architects of the next great expansion of the welfare state. Congress may not be able to directly force us to buy electric cars, eat organic kale, or replace oil heaters with solar panels. But if it enforces the mandates with a financial penalty then suddenly, thanks to Justice Roberts's tortured reasoning in Sebelius, the mandate is transformed into a constitutional exercise of Congress's power to tax.

Robert’s blessed the modern welfare state's expansive powers and unaccountable bureaucracies—the very foundations for ObamaCare.

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