The ObamaCare Ruling and the Danger of Taxing Inaction

Richard A. Epstein, writing at the New York Times, nails the danger of Chief Justice Roberts' and his majorities' ruling on ObamaCare.  The danger as Epstein sees it is that Roberts and his allies on the bench attempt to separate regulation from taxing power.  In so doing, the Roberts-led judgment manages to significantly - and ominously - broaden how Congress can lay taxes; namely, for inaction - as in not purchasing health insurance. Writes Epstein, who teaches law at New York University and serves as a senior fellow at the Hoover Institute: In an ironic twist, the chief justice simultaneously accepted the conservative argument that Congress's power to regulate interstate commerce did not include the power to regulate economic inactivity, like a decision not to purchase health care. Yet the Roberts' ruling permits Congress to tax Americans for inactivity (not buying health insurance).  That leads to a dilemma.  Epstein continues: But his [Roberts'] decision is...(Read Full Post)