Many conservatives are saying (e.g., the Washington Examiner’s Mark Tapscott) that at least the Supreme Court’s horrific decision to uphold Obamacare has a silver lining: the Court held that Obamacare would not withstand Constitutional scrutiny as an exercise in regulation of interstate commerce. (Instead, the Court upheld it as within Congress’s right to tax.) This ruling, in Tapscott’s view, will “fundamentally shift the constitutional debate away from the liberal assumption since the Woodrow Wilson era that an Imperial Presidency and supine Congress can pretty much do as they please so long as it’s covered by at least one of those fig leaves known as the General Welfare, Necessary and Proper or Commerce clauses of the Constitution.”
We don’t believe this for a second. Does anyone really think that a future Court comprised of a liberal majority would treat this case as precedent to strike down a law for overstepping the Commerce Clause? No chance.
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