I heard an interesting theory on Obamacare jurisprudence this morning on the radio. I didn’t catch the fellow’s name, but the theory went something like this.
Given that wide interpretation of the commerce clause is so crucial to so much of the progressive agenda, a majority opinion striking down the individual mandate and thus limiting the scope of the commerce clause could be devastating.
Since it seemed to many at the time of oral arguments that the individual mandate might be is serious jeopardy, that something must be done to avoid this.
So the theory goes that some liberal justices might join in striking down Obamacare in its entirety based exclusively on the Medicaid expansion mandates and the ensuing 10th amendment issues and thus try to avoid any precedent limiting the commerce clause.
Obamacare dies, but the rest of the progressive agenda lives on.
What do you think?
