Levin: Roberts' Decision Does Not Gut Commerce Clause [Archive] - Glock Talk

PDA

View Full Version : Levin: Roberts' Decision Does Not Gut Commerce Clause


evlbruce
06-29-2012, 19:49
[T]he five justices did not limit anything. They simply did not accept the Obama administration's ridiculous argument that inactivity is commerce. The status quo stands.
Full Story ('https://www.facebook.com/notes/mark-levin/obamacare-the-commerce-clause-and-supreme-court-decision/10150883505015946')

Not only did Roberts shuffle ObamaCare away into the General Welfare Clause, he let the Commerce Clause stand.

CitizenOfDreams
06-29-2012, 19:54
No, you don't understand! Justice Roberts is playing chess! (While Obama is swinging a baseball bat.)

G29Reload
06-30-2012, 08:46
Full Story ('https://www.facebook.com/notes/mark-levin/obamacare-the-commerce-clause-and-supreme-court-decision/10150883505015946')

Not only did Roberts shuffle ObamaCare away into the General Welfare Clause, he let the Commerce Clause stand.

You're screwing up the explanation.

There is no "letting the commerce clause stand".

It is what it is.

The fairy tale Levin was shooting down was that which you are hearing on the MSM about Roberts roping off the Commerce Clause from being abused by expanding what it allowed the Gov to do.

The problem is, it was just Roberts speaking in the dicta. He was not joined or concurred with in that section of the opinion by 4 other justices. As a result, there is no precedent to protect the Commerce Clause from future abuse

I'm sure it could be referred to, it may have some relevance. But it could easily be ignored.