By now, everyone has heard something about the decision of the U.S. Supreme Court in National Federation of Independent <i>Business v. Sebelius</i>, 132 S.Ct. 2566 (2002). The newspapers have touted the elevated role of Chief Justice John G. Roberts in cobbling together a coalition that sustained the so-called individual mandate. Conservative blogs have hailed a new day dawning for states’ rights by the limitation on the ability of Congress to use the commerce clause to exercise its powers over individuals in the states. Reading the opinion in detail, however, paints a more complex picture.
Perhaps the most difficult aspect of reading the decision is figuring out who agrees with whom and who disagrees. Roberts announced the judgment of the court and delivered the opinion of the court with respect to Parts I, II and III-C. It is only those three parts of the opinion in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined.
