As many conservatives try to rationalize and analyze the decision from the Supreme Court declaring the individual mandate constitutional, lots of us feel very betrayed by Chief Justice John Roberts. I will analyze the decision itself over the next week or weeks and talk about the ramifications for future taxes, which now appear limitless, to the impact on the election. For now, I am trying to grapple with what appears to be a last minute swicth in votes by Roberts. The minority opinion was clearly written first as a majority opinion and then changed to become a minority opinion. The most troubling thing for me is to think that Roberts knew the legal argument flawed and tried to find a middle ground out of pragmatism. That really is just a form of judicial activism. I am not sure how this could be construed a tax and I am not sure how you can take an argument that was only advanced as a throw everything at it with minimal effort.
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