Roberts' inclinations can be seen on the ruling on the Affordable Care Act, where he wrote the majority opinion striking down the individual mandate under the Commerce Clause of the Constitution
, but upholding it as a tax.
California has prevailed in lawsuits, including six from major egg-producing states that argued the state is dictating market prices in other states in violation of the Commerce Clause of the Constitution
. Appeals are pending.
At the same time, he said it violates the commerce clause of the Constitution
because it imposes burdens on interstate commerce.
Chief Justice John Roberts has written in an opinion for the majority that the Commerce Clause of the Constitution
gives Congress no more authority to require the purchase of health insurance than to require the purchase of broccoli.
Because the Amazon law would unfavorably affect many of its members, the DMA brought suit, seeking to have the law invalidated because it violates the Commerce Clause of the Constitution
. While the Commerce Clause expressly authorizes Congress to "regulate Commerce with foreign Nations, and among the several States," the courts have held that a negative reading of the clause prohibits the states from acting in ways that interfere with interstate commerce.
Supreme Court, focused on the commerce clause of the Constitution
A panel of judges ruled two-to-one that the requirement violates the commerce clause of the Constitution
, thus undercutting the financial linchpin of the health care reform legislation signed by President Obama in March 2010.
Three federal judges have ruled that Congress possesses the authority under the Commerce Clause of the Constitution
to uphold the requirement.
Their central argument is that the Commerce Clause of the Constitution
cannot be interpreted to allow government penalties on Americans for refusing to buy a product, or as Virginia's lawsuit puts it, for "an absence of commerce."
The proposed bill would reassert state control of alcohol marketing and stop lawsuits that challenge restrictions to direct shipping, making the Commerce Clause of the Constitution
subordinate to the 21st Amendment that ended Prohibition and gave states unique control of alcohol.
The health care bill references the Commerce Clause of the Constitution
as providing the authority to enact an individual mandate.
The A-B InBev lawsuit claims that the ruling violates the commerce clause of the Constitution