Conservatives’ Misguided Criticism of Roberts - By Richard Garnett - Bench Memos - National Review Online

Conservatives’ Misguided Criticism of Roberts - By Richard Garnett - Bench Memos - National Review Online: "But also, and more important, the Court’s decision today contains some of the most muscular enumerated-powers and constitutional-structure-matters language of any (majority) opinion in decades. Judicial conservatives, it seems me to me, should be thankful (and grateful to the chief justice) for the approach taken by a majority to the Necessary and Proper Clause and to the so-called Spending Power, and should probably see this “good” about the ACA decision as outweighing the “bad” (i.e., that, because the mandate is, contrary to the president’s earlier assurances, a “tax,” it will have to be repealed legislatively and electorally, rather than judicially). The ruling on the Medicaid expansion, in particular, is a big “win” for federalism, it seems to me."

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I don't get it. Why should we be happy because it could have been worse? Yeah, but it could have been better.