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Wed Jun 27, 2012, 12:01 PM

Real Affordable Care Act Battle: Constitutionalists vs. Confederates

During his confirmation hearing, Chief Justice Roberts claimed the mantle of these conservative constitutionalists, as an umpire calling balls and strikes. But if he and the other four conservative justices overturn the Affordable Care Act, they will effectively be taking the umpire off the field. In historical context, this amounts not to a reinterpretation of the Constitution but rather its rejection. If the law is upheld, the real victory is not for President Obama but for that most durable of governing documents, the U.S. Constitution.

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