He has given himself over, wholly, to the novel distinction between “activity” and “inactivity” proposed by Randy Barnett, Paul Clement, and the Tea Party … .

John Roberts is hardly the hero and judicial statesman people make him out to be. - Slate Magazine

Some people are so infatuated with government power that they’ve lost all sense of meaning.  To discern a fundamental difference between activity and inactivity isn’t an exercise in the careful parsing of linguistic nuance.  Activity and inactivity are opposites—they are, by their very definitions, as distinct as words can be.  The reason the issue before the court was “novel” is that previous Commerce clause cases dealt uniformly with the power of Congress to regulate commerce activity.  But here, Congress took the extraordinary step of compelling commerce activity, not just regulating it.  And that’s why the issue was novel … not because of anything the Court did, but because Congress went further than it ever has before.

(via jeffmiller)

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