The Supreme Court’s decision is indeed a big win for the Obama Administration with a unique American solution to a problem already solved in Europe, that of near-universal health care. One way of securing this win is to develop a nation-wide notion of the right to health care in order to counter libertarian trends. This will be the subject of my next legal blog.
I decided not to write anything additional about the decision, because frankly, my previous blog on A Decision Against Obamacare Could Foment A Revolution, adequately describes the worrying introduction of an undefinded notion of individual rights into commerce clause jurisprudence. James Stewart, (a former professor of mine at Columbia Graduate School of Journalism), has written an informative piece in the New York Times on the decison and its conservative implications for both the commerce clause and for the taxing and spending clause. The 193-page decision is available on the U.S. Supreme Court website.