Randy Barnett, Steve Chapman, and no doubt others are actually celebrating last week’s ruling on Obamacare. Why? Because Chief Justice John Roberts wrote in his opinion that the government can’t force us to buy health insurance under the Constitution’s Commerce Clause. Thanks goodness, Barnett, et al. say, that the Court did not allow a dangerous expansion of the commerce power that would permit the government to force us to buy things.
Does that mean the insurance mandate fell? Oh no. The Court found another (and long-established) ground for the mandate: the taxing power. Anything the government can do through the Commerce Clause it can do through taxation.
So is June 28 really to be a great libertarian holiday from now on? Not for me. I’ll be too busy actually promoting individual freedom.