Roberts and Scalia likely to bow down to ObamaCare?

It’s a disturbing analysis from Daniel Fisher at Forbes:

The individual insurance mandate at the core of the 2,000-page law will test the faith of Chief Justice John Roberts in the doctrine of judicial restraint, as well as the wisdom of letting representatives who are accountable to the voters devise wide-ranging schemes of economic regulation.

These concepts sorely tested the faith of Justice Antonin Scalia in the 2005 case Gonzalez vs. Raich and the conservative jurist blinked. Faced with the choice of setting tighter limits on Congressional power or upholding a national scheme of drug-enforcement laws, Scalia voted for law enforcement. Congress’ constitutional power to regulate interstate commerce extended all the way to the plot of land some California citizens were using to grow their own pot.

Scalia may well decide that the individual-insurance mandate goes too far. But Roberts will be a tougher sell, says Mark Hall, a professor at Wake Forest University School of Law and leading proponent of the idea that the Obamacare law will survive Supreme Court review.

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If Roberts and Scalia decide to sing along with the Statism Chorus, then this is going to be an 8-1 decision, with only Justice Thomas dissenting.

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