Bench Memos

Law & Obligation: Final Comment

In the conclusion to his latest post, Matthew Franck writes that the more he looks at Chief Justice Roberts’s opinion, the more defensible he finds it. Except that he has abandoned the defense of Roberts’s attempt to justify his conclusion by using a “functional” analysis of the provision that most of us always called the “individual mandate.” Since Franck has conceded that this analysis, as applied here, is radically defective, I am happy to declare victory and move on.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.


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