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.
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