In a mini-dissent — a scant two pages — tacked on to the end of the Supreme Court’s opinion about Obamacare, Justice Clarence Thomas says the court is essentially giving Congress unlimited power.In a 5-4 ruling, the high court upheld the majority of Obamacare.
Court precedent allows Congress to regulate economic activity that substantially affects interstate commerce.
But, according to Thomas, the “substantial effects” test goes against our founders’ intentions and gives Congress too much power.
And now, for the money quote:
“As I have explained, the Court’s continued use of that test ‘has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits.'”
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