Quantum Windbag
Gold Member
- May 9, 2010
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That's nonsensical. The Supreme Court decides constitutionality.
No they didn't, they rewrote the bill instead of ruling on the Constitution.
If they had not changed the commerce clause, it would have been ruled as unconditional.
They did not apply the commerce clause. They applied the power of taxation to the mandate.
We know that, idiot. The problem is that, in order to apply the power of taxation to the mandate, he had to rewrite the law itself to make it work, that was made clear in the dissent read by Kennedy from the bench.
[W]e have nevernevertreated as a tax an exaction which faces up to the critical difference between a tax and a penalty, and explicitly denominates the exaction a 'penalty.' Eighteen times in §5000A itself and elsewhere throughout the Act, Congress called the exaction in §5000A(b) a 'penalty.
Does that mean the Supreme Court can rewrite laws whenever they want?