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June 28, 2012


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Matt Bodie

I see a comparison to Marbury in the outcome here -- give the government the immediate victory, but establish the underlying legal theory in the opinion. The decision is a "win" for the administration, but there is now a majority opinion with much stronger Commerce Clause and Spending Clause limitations.


The good thing is that the Commerce Clause battle can be fought another time. Laying the groundwork for things is a tricky, not at all certain, business.

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