Three Excellent Posts on Aspects of the ACA Case

Larry Solum explores whether the majority view that the individual mandate is beyond the Commerce Power is “precedent” or “dicta.”

Steve Vladeck on whether CJ Roberts engaged in a “Marbury moment,” sacrificing immediate victory against a political adversary to win the long-term war.

Rick Hills on the absurdity of the tax argument. (Fwiw, I’ve consistently maintained that it would be a natural, but not necessary expansion of prior precedent to uphold the mandate on Commerce Clause grounds. For the reasons Rick discusses, I don’t find the tax argument at all congenial.)