Yeah, but those are tortured legal arguments that would not have passed

muster 20 or even 10 years prior. That's my point. The only decisions striking down a law on Commerce Clause grounds in the previous century related to Congress trying to use it to impose bans on guns in school zones or part of the violence against women act -- both of which literally had nothing to do with interstate commerce other than through some made up data congress claimed to rely upon. That's an incredibly low bar and what Congress did with the ACA was not expected to be legally controversial. Yes, I understand that some very smart right wing ideologues dreamed up some legal arguments that resonated with right wing ideologues on the courts (and which you cite as well) but that wasn't my point.

(In response to this post by Hoo05Dave)

Posted: 07/12/2018 at 11:54AM

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