The argument that the framers could not possibly have envisioned a congressional power to force purchases is upended by the fact that in 1798, Congress required seamen to buy hospital insurance. Some believed the Justices felt the Merchant Marine law outdated, but when giving his snide dissent to immigration, Justice Broccoli had no problem reaching all the way back to the caverns of abolitionists.
More importantly, the Justices initially determined they could hear the case because the mandate did not represent a tax. Only to turn full circle and determine the mandate could only be legitimate because it is a tax. But wait! If the mandate is a tax, how does the court have the right to pass judgment at all before it goes into effect? This is the kind of insidious legal beagle double-speak one should expect to hear at a bond hearing. Instead of hallowed halls of deliberation, the Supreme Court sounds more like “Let’s Make a Deal with Justice Roberts assuming the role of Monty Hall.
People who shudder at the prospect of the nation becoming a “nanny state” should be equally concerned when “nanny judges” tell us what laws we can write.