Comments on: WSJ Mistake on Holding of Health Care Ruling

By: steve

steve — Tue, 10 Jul 2012 13:25:15 +0000

ps:i am curious why an economist would consider the tax justification crazy. how is the disputed provision economically different from a tax that applies to everyone coupled with a tax credit that applies to those who are insured?

By: Reynolds Holding

Reynolds Holding — Mon, 09 Jul 2012 15:05:18 +0000

I think that your letter is incorrect. The language about the Commerce Clause was dictum, because it was not necessary to the court’s holding that the individual mandate passes constitutional muster under Congress’ taxing power. Though Roberts says the Commerce Clause language was necessary, it clearly was not.

By: steve

steve — Sun, 08 Jul 2012 15:48:00 +0000

my guess is your comment has a faulty premise: that the logic seeks to compare two voting options of the actual cjss whereas the logic may have been about what a different (liberal) cjss might have done — rubber-stamp the goverment’s commerce clause argument, with which the other 4 in the majority might well have concurred.

By: Dom Armentano

Dom Armentano — Mon, 02 Jul 2012 21:45:13 +0000

Perhaps I’m just a simple economist but I just don’t get the logic of your last sentence. How (in the world) did Roberts “prevent a commerce clause ruling that would have eviscerated the notion of enumerated powers…” Clearly any commerce clause ruling in this case (without Roberts’ crazy tax justification) would have gone the other way–after all, the mandate and all of the rest of the 2600 page monstrosity was unconstitutional for the 4 dissenters–if Roberts had simply concured with their opinions. And he deserves “credit” for this? You must be kidding.

By: Walter Sobchak

Walter Sobchak — Mon, 02 Jul 2012 20:30:11 +0000

So what. I say its socialism, and I say it stinks.

Roberts has brought eternal shame on himself and his family. He should resign and take penitential orders.

By: jboss2

jboss2 — Mon, 02 Jul 2012 19:37:41 +0000

The Court said you can’t regulate an inactivity. But, similarly, how can you tax one?