5min chapter

5-4 cover image

NFIB v. Sebelius

5-4

CHAPTER

The Supreme Court's Rules on the Commerce Clause

The court should avoid weighing in on constitutional questions if it doesn't have to. This is one of the oldest principles of the court and goes back to 1800. John Roberts makes it seem like he's being nonpartisan and principled, but what he's actually doing is just judicial activism. The answer to that 95% of the time is that they're true believers.

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