The Supreme Court’s Obamacare legacy (part 1)

John Yoo interviewed by The Washington Post, Right Turn, July 13, 2012

I’m sorry to say that Roberts’s opinion does not follow the conservative approach to interpretation, which should focus on the text and history of the Constitution. Take, for example, his opinion on the taxing power. He does not examine the Framers’ original understanding of the distinction between financial penalties and taxes — he seems to conjure out of thin air that penalties and taxes are the same.
This story also appeared in the following outlets: North County Times and Conservative Daily News.