As he neared the end of reading the majority opinion upholding the Affordable Care Act’s “individual mandate,” I was somewhat surprised to hear Supreme Court Chief Justice Roberts defensively declare that the courts shouldn’t be in the business of protecting citizens from the consequences of their political decisions.
He’s right, of course. The question of Obamacare’s constitutionality is significant, but ultimately, it’s the political argument that needs to be won. Now that the court has upheld the mandate on a 5-4 vote—literally writing legislation from the bench by turning a mandate into a “tax”—conservatives will focus on the political case for repeal. And the Supreme Court’s decision fortifies their case.
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