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Thursday, June 28, 2012

Legal Analyst: SCOTUS Decision ‘Death-Knell For Federalism’

This artist rendering shows Chief Justice John Roberts, center, speaking at the Supreme Court in Washington, Thursday. From left are, Justices Sonia Sotomayor, Stephen Breyer, Clarence Thomas, Antonin Scalia, Roberts, Anthony Kennedy, Ruth Bader Ginsburg, and Elena Kagan. (AP)

In the Supreme Court’s ruling, Chief Justice John Roberts joined the court’s liberal wing in upholding President Obama’s health care law.

George Washington University law professor Jonathan Turley told Here & Now’s Deb Becker that the ruling represents a blow to federalism.

“The way I read this opinion, I don’t see much left of federalism,” he said. “To use the Caesar analogy, this is really Roberts coming to bury federalism, not to praise it. He talks about federalism, the fact that you can’t do this under the commerce clause…  But then Roberts basically creates a highway to drive around it and says you can just do this under your tax authority. That, I think is going to be an amazingly sweeping ruling that is going to shrink the power of the states in fights with the federal government… It’s astonishing that it was Roberts who may have really brought the death-knell for federalism.”

Guest

  • Jonathan Turley, George Washington University law professor

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  • J Frog

    First off, no offence to today’s guest host, she did a fine job….but in Detroit, when we have a big game, we want Verlander pitching. And if we’re playing the Red Sox with Adrian Gonzalez and Big Papi..no matter which side you’re rooting for…you want to see Verlander facing them. Fastforwad to today…substitute Robin for Verlander, Gail Chadduck for Adrian Gonzalez, and Professor Turley for Big Papi…Sounds like an exciting thing, right? Except we didn’t get to hear Verlander pitch!! We got Max Scherzer. Now Max pitched a good game…but its just not the same as Verlander…er Robin. I particularly missed Robin interviewing Big Pap…err Professor Turley. She always asks him intelligent, insightful questions and I seem to learn something from every one of their conversations. Anyway, I know that even Verlander needs some days off….and Robin’s been reading all those boring economics books. She probably had a break coming…but geez this was a Big day. I missed her interviews!
    So the individual mandate survives as a tax??

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Robin Young and Jeremy Hobson host Here & Now, a live two-hour production of NPR and WBUR Boston.

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