Was the Commerce Clause ruling on the mandate really a majority opinion?

But respecting Parts III- A, the commerce clause and necessary and proper section, Roberts is writing for himself, not for a majority.

Furthermore, the Dissent is labeled as: “Justice Scalia, Justice Kennedy, Justice Thomas, and Justice Alito, dissenting.” It is Not labeled as “dissenting in the judgment, concurring in part” or some permutation…

If five justices had intended for their view of the commerce clause (and necessary and proper clause) to be controlling as the majority view, they would have said so by joining or concurring in each others’ parts. They didn’t. So, while we can cobble them together, as a formal legal matter, it is a troubling issue. While the status quo stands re the commerce clause (and necessary and proper clause), there was no formal majority on those issues.

Trending on HotAir Video