Health Care Ruling Not Worthy of General Jubilation

The general jubilation among liberals over Justice Roberts’s ruling makes some progressives shudder. Justice Ruth Bader Ginsberg, writing in her lengthy dissent puts it this way:

THE CHIEF JUSTICE’s crabbed reading of the Commerce Clause harks back to the era in which the Court routinely thwarted Congress’ efforts to regulate the national economy in the interest of those who labor to sustain it.

There are booby traps in the Court’s Commerce Clause reading. Those traps are baited and ready for tripping in the Medicaid part of the ruling.


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