Chief Justice Roberts' Marbury Moment

If the Supreme Court declares the Affordable Care Act unconstitutional, almost assuredly John Glover Roberts, Jr., the chief justice, will write the majority opinion.  Roberts' choice of words will weigh heavily on America's future.  More than just resolving a politically charged case, his opinion could determine the extent to which our republic is and remains a nation under law.  He must write a masterpiece not only for the present constitutional dilemma, but for the ages. ObamaCare's constitutionality will be decided nearly two and one-tenth centuries after Marbury v. Madison, the landmark case best-known for establishing the doctrine of judicial review.  Just as practically no one today other than constitutional scholars know the underlying legal dispute in Marbury v. Madison, few people a hundred years from now will know, much less care, about individual mandates or many other aspects of ObamaCare. What will matter is something grander about the Constitution,...(Read Full Article)

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