Thursday, June 28, 2012

Obamacare and the Commerce Clause

Well, I was sort of right.  Who knew that Roberts would find his inner Kennedy and be the one to use the nexus taxing authority to fill a hole left by the Incredible Shrinking Commerce Clause?  And who knew that Kennedy would pull a Full Scalia?

Clear win for Obama aside, what's clear is that the Commerce Clause as a foundation for federal regulation is weaker today than it was yesterday.  And that matters for environmental law.

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