Commentary

Is John Roberts Listening to Jonathan Gruber?

By Ashton Ellis
Thursday, November 20 2014

Is John Roberts listening to Jonathan Gruber? In a move that stunned Republicans and Democrats alike two years ago, Roberts, the U.S. Supreme Court Chief Justice, changed his mind and single-handedly rewrote ObamaCare in NFIB v. Sebelius to save it from its own unconstitutionality. A key ingredient in Roberts’ judicial about-face was his ability to overlook the law’s (erroneous) reliance on Congress’ power to regulate interstate commerce, and instead relocate the relevant authority to its power to tax. To do this, Roberts had to tell himself that Congress didn’t mean…

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