I've been struggling to get through some, uh, other writing and thus haven't had much time to come up with original analysis regarding the individual mandate decision. But as I'm formulating my thoughts, let me recommend Ross Douthat's "John Roberts's Political Decision." I disagree with Douthat's bottom line that Roberts's decision was "defensible," but I do wholeheartedly concur with his conclusion: "Nonetheless, liberals who waxed hysterical about a politicized court
need to reckon with the fact that the most “political” of all the
opinions on the health care law was the one that ultimately upheld it."
Also, let me just say it for the 2, 547th time, Richard Epstein is right.
Also, let me just say it for the 2, 547th time, Richard Epstein is right.
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