The Grumpy Economist, the University of Chicago's John Cohrane:
We should not rely on the court to determine economic policy or write laws. That's what Congress and Administration are for. If you don't like the health care law, try to find someone of either party with the courage to say just how he or she will repeal and replace, and vote.
This will be healthy for both parties. Defenders can't say how wonderful it would all have been except that the nasty polticized court threw it out. They will have to own Obamacare as it falls apart at the seams. Opponents will have to work to repeal, and explain what they will replace with.
Roberts has made a period of innovation and change more likely. He did it by taking the court off center stage and by letting the political process play out.
Self-restraint. It's a good thing. More people should try it.
Chief Justice Roberts has ignored this fundamental principle: If direct regulation is beyond the scope of the Commerce Clause (as he held), then taxation as an indirect route to the same regulation should be off limits as well (as he failed to hold).
