Rarely has so smart a judge written so bad an opinion with such ill consequences for the nation. Such is the handiwork of Chief Justice John Roberts in NFIB vs. Sebelius, the constitutional challenge to ObamaCare.
His support for the president’s signature legislation has secured plaudits from the Washington establishment, which undoubtedly will make his stay in the nation’s capital more pleasant. But his gain comes at the cost of Americans’ liberties. That Justice Roberts would abandon the Constitution for his reputation was feared, but none expected him to do so in such calculated fashion.
More than two years ago President Barack Obama won a celebrated political victory with passage of the misnamed Patient Protection and Affordable Care Act. As usual, Congress promised the impossible: expanded coverage of more people for more services at lower cost and reduced federal spending. The measure exceeded even the extraordinary powers previously claimed by the federal government. Legislators simply assumed they could do whatever they wanted, irrespective of the Constitution.
However, the Founders created a government of limited, enumerated powers, none of which empowered Congress to mandate that people purchase a private product, in this case health insurance. So multiple lawsuits were filed. ObamaCare supporters were shocked, shocked that anyone still believed that the Constitution limited federal authority. But the issue went to the Supreme Court.
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