Court Had to Rewrite Law to Make It Constitutional

by Kathryn Jean Lopez

Randy Barnett, a Georgetown Law professor and plaintiff in the challenge to the individual mandate case, reacts to today’s ruling:

Today’s decision validates our claim that a Congressional power to compel that all Americans engage in commerce was a constitutional bridge too far.  By rewriting the law to make it a ‘tax,’ the Court has now thrown ObamaCare into the political process where the People will decide whether this so-called ‘tax’ will stand.  And the People will also decide whether future Supreme Court nominees will pledge to enforce the Constitution’s restrictions on the power of Congress.