Chief Justice John Roberts provided the key vote in upholding the constitutionality of the Obama health care plan. Â In his opinion, Roberts wrote that the law is unconstitutional with respect to the Commerce Clause and the Necessary and Proper Clause of the Constitution. Â However, he says it is constitutional under the power of Congress to tax.
That did not impress Rep. Dan Lungren, R-Calif., who is also the former attorney general of the Golden State. Â Lungren says Roberts was "stretching" to find the plan constitutional. Â In the process, the congressman says Roberts gave Congress much greater power through taxation. Â Lungren expects the health care issue to once again become a major election issue.