Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, June 28, 2012

Roberts' Trojan Horse?

By Michael Scaperlanda

Is the Supreme Court's health care decision a Trojan Horse for those who favor an expansive federal government?  Discuss.

https://mirrorofjustice.blogs.com/mirrorofjustice/2012/06/roberts-trojan-horse.html

Scaperlanda, Mike | Permalink

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It may be the commerce clause version of Locke v. Davey, an opinion in which I think the wrong party won but the principle put in place was a near fatal blow to Everson, IMHO.

That was an opinion by the great conservative minimalist, Chief Justice Rehnquist. His clerk, John Roberts, is following in his predecessor's footsteps.