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?