Randy Barnett writes about the uniqueness of Judge Roberts' decision on Obamatax: "Which brings me to the remarkable nature of the legal analysis of Chief
Justice Roberts opinion. He appears to have been the first person in the
United States to have adopted this two-part legal analysis: (a) The
individual insurance mandate is unconstitutional as beyond the Commerce
and Necessary and Proper Clauses, and (b) the meaning of the
“individual responsibility requirement” can only be upheld if given a
“saving construction” to eliminate its character as a requirement, and
render it an “option” to buy insurance or pay the tax, such that no one
is actually bound or mandated by the requirement."
He was apparently against it before he was for it. http://www.volokh.com/2012/07/05/the-unprecedented-uniqueness-of-chief-justice-roberts-opinion/
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