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Emoluments Clause @KenThomasRoss
, 3 tweets, 1 min read Read on Twitter
I despise the GOP for this, and think healthcare is a human right. But the Texas decision was not incorrect, IF based on legal precedence - the original 2012 Supreme Court majority opinion in Sebelius, which was a ‘strict constructionist’ decision.
Roberts said that #ACA was unconstitutional, the federal govt had no power to force insurance. He attacked the tradition liberal use of the Interstate Commerce Clause nor the Necessary and Proper Clause for government expansion into roles not enumerated it in the Constitution.
Roberts said that the ONLY legal basis for ACA was the govt’s tax power. Now that that tax is gone, ACA is unconstitutional, based on the precedence of Sebelius. I would conclude, therefore, that the Supreme Court, even more radically conservative now, will uphold this decision.
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