Where Roberts Went Wrong

by Ramesh Ponnuru

One of the questions Chief Justice Roberts raised and tried to answer in his Obamacare opinion was whether the individual mandate could plausibly be read as something other than a mandate: as, that is, a legal requirement to buy health insurance. In an article on the homepage today, I argue that Roberts “chose to answer the question in precisely the wrong way: a way that guaranteed he would reach the wrong result.”