In Part II of his opinion upholding the Affordable Care Act, Chief Justice Roberts concluded that the individual mandate is not a "tax" within the meaning of the federal Anti-Injunction Act. However, in Part III-C of his opinion he found that the mandate is a "tax" for purposes of the General Welfare Clause. How could he reach both of those conclusions?
Wilson Huhn blogs here on on a variety of topics including constitutional law, health care financing reform, income inequality, Abraham Lincoln, and the Civil War.
Showing posts with label Roberts. Show all posts
Showing posts with label Roberts. Show all posts
Thursday, June 28, 2012
Chief Justice Roberts' Opinion in ACA Case - Introduction
The introductory portion of Chief Justice Robert's opinion reads like a primer on constitutional law. The Chief Justice lays out the basic structure of our constitutional system, including quotations from the two foundation cases in constitutional law authored by the great Chief Justice John Marshall: Marbury v. Madison and McColloch v. Maryland.
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