Schumer: Roberts Broke His Promise On Commerce Clause
Schumer: Roberts Broke His Promise On Commerce Clause
Sahil Kapur
U.S. Chief Justice John Roberts swing vote to uphold Obamacare under Congresss taxing powers has drawn praise from his usual critics. One top Democratic senator lauded Roberts judicial independence in saving President Obamas signature law, but also argued that the Bush-appointed jurist broke his promise by narrowing the scope of the Commerce Clause.
In his opinion, Roberts explained in detail why he believes his view is not inconsistent with precedent, siding with conservative architects of the legal challenge in the argument that Congress may not regulate inaction.
In my view it certainly merited upholding under the Commerce Clause, said Sen. Chuck Schumer (D-NY), his partys leader on messaging. I do worry, in the future, about the courts limiting the Commerce Clause as a way of limiting the ability of the federal government to help average families.
Although he upheld the health care law on another basis, Roberts sided with the courts four conservatives in declaring that Congress may not, under the Commerce Clause, force people to engage in a market transaction. The five-member majority view effectively rewrites existing law. Its the first time since before the 1942 case
Wickard v. Filburn, a precedent that was affirmed in the 2005 case
Gonzales v. Raich, that the Supreme Court has placed a limit on Congresss authority make national economic regulation that substantially affects interstate commerce.
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TPM asked Schumer whether Roberts went back on his word in the Obamacare decision.
Yes he did, the senator said. If you read his testimony about Wickard, about some of the other, more recent Commerce Clause cases at the hearing, and looked at what he said here, its quite different.
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