The argument in this case proved to be too unhinged for the court—though not for Justice Clarence Thomas.
Thomas’ dissent, though? Even by his standards, it was grievously off of the mark. Thomas suggested that the Constitution’s spending clause does not exist, and declared that laws like Medicaid are in fact unconstitutional “federal commandeering of the States.” He drew many of his historical conclusions from Robert Natelson, a conservative law professor, former talk-radio host, and failed Republican candidate.
The justice’s punishingly long dissent would, if adopted by the court, upend trillions of dollars in federal funds by dismantling social welfare programs that are implemented by the states. It is reassuring that the other justices decided a fairy tale about an errant semicolon did not justify this drastic step.is that a healthy majority of the court does not want to trigger a Great Depression by toppling the very structure of multitrillion-dollar spending programs.
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