July 6, 2012
Randy Barnett on Chief Justice Roberts and the Constitutional Taxing Power
- Volokh Conspiracy: Court Did Not Authorize Economic Mandates Under the Tax Power
- Volokh Conspiracy: Mandate Begone! The Logic of Chief Justice Roberts Unique Tax Power Theory
- Washington Examiner op-ed: Roberts Didn't Open Floodgates for 'Compulsion Through Taxation'
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All this analysis may be amusing to lawyers, but it's fundamentally pointless. Roberts demonstrated that the court can do whatever it wants regardless of logic. His decision means no less and no more than that.
The 4 liberal justices showed that they are willing to follow transparently defective logic when necessary to reach a desired outcome. That makes a minimum of 5 results-oriented justices. With such a majority, logic is irrelevant.
Posted by: AMTbuff | Jul 6, 2012 6:07:37 PM