I cross posted what Erick Erickson had written about Chief Justice John Roberts joining the Left on SCOTUS in affirming Obamacare is Constitutional legislation. Roberts voted with the Left with the proviso that Obamacare cannot force funding by forcing citizens to pay a penalty to the government for not purchasing a product. The product in the case is government mandated insurance. Roberts’ majority opinion indicates thus Obamacare cannot be based on the Commerce Clause of the Constitution as was the original intention of the Obamacare legislation (Officially known as Affordable Care Act).

The only way Obamacare can be Constitutional is as a TAX. Thus, John Roberts attempted to make Obamacare an issue Congress deals with instead of the Courts. At the time I thought Erickson’s analysis of Roberts joining the Leftist Justices was good insight.

I was going through my email (I am always behind), I discovered Justin Smith’s take on Chief Justice Roberts joining the Leftist Justices affirming Obamacare. I am now of the opinion that Roberts’ decision had good intentions; HOWEVER by making the penalty for not getting mandated insurance a tax Roberts opened a can of worms that could justify Congressional taxation in future forced penalties the might require Americans to buy a product.

Justin Smith has an excellent point.

JRH 7/17/12