Richard Epstein offers an interesting critique–based on the alleged inseparability of the power to regulate commerce and the power to tax–of John Roberts’ ruling in the ACA case. If it’s not an activity the government can regulate, then it’s not something the government can tax either. Thus, Justice Roberts should have struck down the individualContinue reading “Richard Epstein’s Overdetermined Critique of the Roberts Ruling”
Tag Archives: National Federation of Independent Business et al. vs Sebelius Secretary of Health and Human Services et al.
Justice Roberts is Playing a Long Game
Time now to tabulate the damage done by yesterday’s Supreme Court ruling in National Federation of Independent Business et al. vs Sebelius, Secretary of Health and Human Services et al. While Justice Roberts has made himself look extremely distinguished, statesmanlike, non-partisan, and touchingly concerned about his place in posterity, an appraisal that I’m sure he was soakingContinue reading “Justice Roberts is Playing a Long Game”
The End is Nigh: The ACA Is Upheld (Sort Of)
Today’s blog post writing hasn’t gone so well. I thought of writing a post on the correspondence between Voltaire and Rousseau, as a way of reminding ourselves of the 300th birth anniversary of the latter, then, perhaps commenting on the connections between Frankenstein and Romanticism, and then finally, noting Aquinas’ resolution of the theological problemsContinue reading “The End is Nigh: The ACA Is Upheld (Sort Of)”