John Roberts Unwitting Nationalization of Medicaid

Timothy Noah, TNR
The Supreme Court’s decision in the health care caseis best understood as an attempt to maximize damage to established legal precedent while minimizing damage to the particular law under consideration. On the one hand, Chief Justice John Roberts wanted to maintain the Supreme Court as a playpen for anti-government sophistry. On the other, Roberts wanted to avoid getting pilloried as a right-wing extremist who doesn’t care whether people get health insurance or not. Out of this jumble of warring impulses, Roberts crafted a ruling that inadvertently strengthens the liberal...

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