Saturday, June 30, 2012

Prof. Randy Barnett says Roberts’ tax power argument is “lame” but “easily fixed”


Washinton Examiner ^ | June 29, 2012 | Philip Klein


Back in 2010, Georgetown Law professor Randy Barnett, who has been described as the legal architect behind challenges to the health care law,.......Yet in the wake of the Chief Justice John Roberts’ majority decision to uphold the mandate on taxing power grounds,

Barnett has been downplaying the legal significance of that precedent, especially relative to the Court’s ruling that the law was not allowable under the Commerce Clause.......


“Chief Justice Roberts rewrote the (health care) statute to change this from a requirement, or mandate, to an option to buy insurance or pay a penalty,” Barnett explained. “This is far less dangerous than had the mandate been upheld under the commerce power....

(Excerpt) Read more at washingtonexaminer.com ...

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