The Spectacle Blog

Obamacare Case Bigger than Roe v. Wade

By on 11.14.11 | 11:31AM

Here's a Rorschach Test for conservatives: could the Obamacare suit turn out to be a bigger Supreme Court decision than Roe v. Wade

Ilya Shapiro of the libertarian Cato Institute thinks so

Indeed, this litigation implicates the future of the Republic as Roe never did.  On both the individual-mandate and Medicaid-coercion issues, the Court will decide whether the Constitution's structure - federalism and enumeration of powers - is judicially enforceable or whether Congress is the sole judge of its own authority.  In other words, do we have a government of laws or men?

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