27
May
12

Full-Court Press Tests Justice Roberts

In one of his characteristic conniptions about people who frustrated him, Theodore Roosevelt, progressivism’s first president, said of Justice Oliver Wendell Holmes, “I could carve out of a banana a judge with more backbone than that.” TR was as mistaken about Holmes’ spine as are various progressives today about Chief Justice John Roberts’.

They are waging an embarrassingly obvious campaign, hoping he will buckle beneath the pressure of their disapproval and declare Obamacare constitutional. The crucial question is whether Congress exceeded its enumerated power to regulate interstate commerce when it mandated that individuals engage in commerce by purchasing health insurance.

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