I admit that when I first saw the ruling I ws disheartened and felt angry. Since the ruling it seems that there are two broad themes of conservative thought. Legal Insurrection feels that it is a horible decision, while some analysts at American Thinker feel it was a great decision.
Although lawyers like Jacobson at Legal Insurrection abhor the decision, other lawyers do see the Silver Lining.
The Silver Lining argument seems to be that the court ruled firmly against use of the Commerce Clause in federal overreach, which takes the most potent and most misued tool out of the government;s hands. Commerce Clause mandates are almost impossible to revoke, the argument goes. By framing the matter as a tax, Silver Liners say, the issue goes back to the people and our representatives and taxes only require a majority to repeal.
Morevoer, President Obama now has to campaign on his signature achievement – The Largest Tax Increase in Human History. Moreover, if resistance to the health bill is still strong repeal bills will sail through the house. In an election year with Dems already in a panic there are scenarions where it could reach the president’s desk where he would have to veto the legislation in order to save it. Political suicide?
There are, of course, arguments against the Silver Liners, but there is no doubt that The Largest Tax Increase in Human History is a better slogan for Romney than the president.