Obama outmaneuvered by Roberts

[_bcspace]

And he knows it:

“I think Justice Roberts made a decision that allowed him to preserve the law but allowed him to keep in reserve the desire, maybe, to scale back Congress' power under the Commerce Clause in future cases."

http://www.newsmax.com/newswidget/obamacare-repeal-rolling-stone/2012/10/26/id/461603?promo_code=F470-1&utm_source=Fox_Politics&utm_medium=nmwidget&utm_campaign=widgetphase2

[_MeDotOrg]

Yes, that tricky Roberts, deciding the Affordable Health Care Act was constitutional. How Machiavellian!

Or maybe, just maybe Roberts thinks his tenure as Chief Justice shouldn't be defined solely as a mano-a-mano bout with Obama.

Roberts could have sided with the four conservative judges in finding the law unconstitutional under the commerce clause. No one would have been surprised if he did. From what I've read, Justice Scalia was certainly surprised that he didn't.

I fail to see how steering clear of the commerce clause in his ruling should be considered 'outmaneuvering' Obama, as though this were a chess match where he avoided checkmate.

The President may or may not be right as to his conjecture as to Roberts' motivation for not using the commerce clause, but it's pure speculation.

[_subgenius]

did not Roberts offer the following opinion?
"Given its expansive scope, it is no surprise that Congress has employed the commerce power in a wide variety of ways to address the pressing needs of the time. But Congress has never attempted to rely on that power to compel individuals not engaged in commerce to purchase an unwanted product…..The power to regulate commerce presupposes the existence of commercial activity to be regulated. If the power to “regulate”something included the power to create it, many of the provisions in the Constitution would be superfluous."
or in other words
if the if the power to regulate included the power to bring the subject of the regulation into existence, the granting of such powers would have been unnecessary.
I think Roberts' declaration of the individual mandate as being a "tax" is the much more fruitful seed that was planted.

[_richardMdBorn]

And he knows it:

“I think Justice Roberts made a decision that allowed him to preserve the law but allowed him to keep in reserve the desire, maybe, to scale back Congress' power under the Commerce Clause in future cases."

http://www.newsmax.com/newswidget/obamacare-repeal-rolling-stone/2012/10/26/id/461603?promo_code=F470-1&utm_source=Fox_Politics&utm_medium=nmwidget&utm_campaign=widgetphase2

I don't think so. Roberts showed that he can be rolled by criticism.

[_moksha]

I think Roberts' declaration of the individual mandate as being a "tax" is the much more fruitful seed that was planted.

Excellent point. This will allow individuals with smart tax attorneys to declare themselves "Carnivores Sol" and thus be seed free.