Musings of an educator from Lawrence, KS. Obsessions include: Kansas Jayhawks, politics, women's rights, TV/movies, music, and books.
Justice Roberts, from today’s healthcare decision.
This statement will be quoted in future decisions that have nothing to do with healthcare. It may even eventually find itself in the same diaspora as “the constitution is not a suicide pact,” and “stare decisis is not an inexorable command,” though such proliferations tend to be organic and difficult to predict. Nonetheless, this is an affirmative statement about judicial deference to the elected branches that Roberts likely inherited from Rehnquist, who was far more afraid of judicial tyranny than congressional tyranny.
It’s becoming increasingly clear that Roberts used this decision as an opportunity to outline his theory of federalism in clear, concise terms. This decision will be cited for far more propositions than the question of whether mandates are constitutional. Roberts has written his magnum opus.