It is amazing that in their zeal to validate Obamacare, the Supreme Court majority gave the government relief for which it didn’t ask!  From the ruling:

In making its Commerce Clause argument, the Government defended the mandate as a regulation requiring individuals to purchase health insurance. The Government does not claim that the taxing power allows Congress to issue such a command. Instead, the Government asks us to read the mandate not as ordering individuals to buy insurance, but rather as imposing a tax on those who do not buy that product.

So, legislation was passed on one basis, which would lead to reversal, but later defended on a completely contradictory basis—as demonstrated by the legislative history. But the Court shrugs and says okay, whatever it takes to keep it. That is what is known as judicial legislating.

Articles by Wesley J. Smith

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