Randy Barnett reflects on the Obamacare win loss win

“In terms of what this means for the future, the future depends on what future courts want to do….  Number one, if future justices want to protect the enumerated powers scheme, they won’t have a super-bad precedent standing in their way, which they would have if we had lost on the Commerce Clause, and number two, they’ve got a tremendous precedent for the idea that the enumerated powers scheme means something and is legally and judicially enforceable, and that the Necessary and Proper Clause is also a constraint, or it’s not a blank check for government. And that’s a huge accomplishment.”