Justice Kennedy: Obamacare 'changes the relationship of the Federal Government to the individual in the very fundamental way.'

It's too bad most of the other justices don't have such a clear eyed view of the real danger of Obamacare. This exchange involving Justice Roberts, SG Verrilli, and Kennedy, courtesy of RealClearPolitics, is instructive regarding why the individual mandate should be struck down: CHIEF JUSTICE ROBERTS: The key in Lochner is that we were talking about regulation of the States, right, and the States are not limited to enumerated powers. The Federal Government is. And it seems to me it's an entirely different question when you ask yourself whether or not there are going to be limits in the Federal power, as opposed to limits on the States, which was the issue in Lochner. SOLICITOR GENERAL VERRILLI: I agree, except, Mr. Chief Justice, that what the Court has said as I read the Court's cases is that the way in which you ensure that the Federal Government stays in its sphere and the sphere reserved for the States is protected is by policing the boundary: Is the national government...(Read Full Post)