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The Obamacare Court Fight is About Liberty Itself

The battle in the judiciary against Obamacare is viewed mainly as an effort forestall the imposition of a nationalized health system. But as yesterday’s ruling against the health care purchase mandate portion of the bill makes clear, it’s more than a battle against Obamacare. It’s a fight to prevent an new, unprecedented era of government power over our lives.

The Commerce Clause of the Constitution gives Congress the power to regulate interstate Commerce. The argument against the Obamacare mandate that all must purchase health care is that Congress does not have the power to COMPEL economic activity. To regulate commerce, there must be commerce, and a decision not to buy something IS NOT COMMERCE. It’s an elementary exercise of free choice.

The Obama administration’s tortured, self-justifying logic is that if you fail to buy insurance, you are affecting Commerce, because other people will eventually have to pay for your health care, which you will eventually require.

The two judges who decided the case – one appointed by DEMOCRAT Bill Clinton, make clear that this is the road to requiring you to do WHATEVER THE HELL THE GOVERNMENT WANTS YOU TO DO.

The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress’s enumerated power . . .

Every day, Americans decide what products to buy, where to invest or save, and how to pay for future contingencies such as their retirement, their children’s education, and their health care. The government contends that embedded in the Commerce Clause is the power to override these ordinary decisions and redirect those funds to other purposes . . .

Even in the face of a Great Depression, a World War, a Cold War, recessions, oil shocks, inflation, and unemployment, Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods, or require every American to purchase a more fuel efficient vehicle . . .

The Wall Street Journal calls the judges’ decision “one of the most persuasive and tightly reasoned deconstructions of the mandate’s supposed constitutional logic.”

If the mandate is upheld by the Supreme Court – or if one of the conservative justices drops dead before this is considered the middle of next year – be afraid of an unprecedentedly empowered federal government.

Be very afraid.

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67 Responses to The Obamacare Court Fight is About Liberty Itself

  1. Then explain how the Supreme Court has upheld the Federal government compelling its citizens to purchase retirement insurance (Social Security) and health insurance (Medicare/Medicaid)?

    • … you don’t have to pay into social security (many do not)… they range from the self inployed to ultra rich, again, not everyone pays into the programs you have cited… it is not forced on all, only those that choose to work (and be paid) in a manner prescribed by the government… to be part of their ponzi scheme promise to buy votes for the last six decades or so.

          • Social Security as it was originally written did not include everyone, in fact only employed wage earners were in the program, unemployed, children, even housewives as defined in the 1930’s -1950’s were not included, it was not until 1956 that the law was amended to include those not included, all in the interest of ‘fairness’, the liberal code word for creeping government control of ones very life.

          • Wake up. I have not paid into the governments social securityprogram for over a decade now and there are millions like me… no one from the government has knocked at my door, nor will they… everything I am doing is legal The freeriders (those looking to the government, like you, for a free ride) have yet to realize it has been a vote buying scheme from the beginning… enslaving a group that has become increasingly dependant on anyone but themselves. The free ride will soon be over, long live the republic.

      • My husband does not pay, and his income comes from his warehouse he is renting out. Plus, he has paid into it enough and does not have to pay into it anymore. He hasn’t worked for anyone for over 10 years….

    • Is there a social security tax or medicare tax on capital gains (or when stocks and bonds are cashed/exchanged/traded)? Answer: no. How do you suppose the wealthy are actually making their money? Lots of entities personal and business do not pay into the government’s social security schemes… neither do sellers/buyers at flea markets, ect (arguably an underground economy that dwarfs the above ground economy everyone on food stamps is whining about).

    • Tony,

      To avoid the Supreme Court from throwing out Social Security “Insurance” when originally created, FDR was forced to have the legislation changed from compelled insurance to a TAX. Simple as that. One was authorized, one was not. Today, the Government wishes the same control it wanted in 1936 its just that the rules have not changed… The US Constitution LIMITS the power of the government. Article I, Section 8 does not provide the government with unlimited authority in Commerce.

    • Why can the federal government “compel” citizens to pay for Social Security and Medicare/Medicaid, but not health care coverage?

      Read the 11th Circuit’s opinion for a more detailed explanation, but in short, here it is: Social Security and Medicaire/Medicaide payments are extracted as a TAX under the authority that the Constitution gives to the federal government to impose taxes on income.

      In their rush to ram through obamacare, the democrats and Obama didn’t want to label the mandate a TAX.

      If Obama and the democrats ahd relied on the federal government’s specifically-provided Constitutional power to tax when they enacted the mandate under obamacare, that would probably have helped the mandate to survive Constitutional challenge in the courts.

      However, Obama and the democrats know that imposing “taxes” is never very popular; and also, if they had enacted the mandate as a tax, that would’ve violated all those promises by Obama not to raise taxes on those he calls the “middle class.” By not relying on the federal government’s authority to tax, they set the stage for the likely defeat of the mandate in the courts for lack of another Constitutional basis supporting the mandate.

      While they were busy getting obamacare through Congress, Obama and the democrats always expressly denied that the mandate to buy health insurance was a “TAX” — at least they made that claim until obamacare got into the courts, at which time they did a 180 degree turnaround and tried to claim that the mandate was in fact — surprise, surprise — really and truly enacted as a “tax” under the federal government’s Constitutional power to tax.

      Not a single court has bought Obama’s bogus “it’s really a tax” claim, and Obama has only one arguement — that the mandate is A-OK as an excercise of the govenment’s authority to regulate commerce under the Commerce Clause of the Constitution.

      But, like the 11th Circuit made clear, if the Commerce Clause gives the federal government the power to require that everyone buy health insurance just because they are American citizens, or else they get slapped with a fat “fee” that wasn’t enacted as a tax, then the federal government has the authority to require everyone to do whatever the federal government wants them to do.

      That’s called tryanny, and would mean the death of your personal freedom and liberty, and the freedom and liberty of every American.

      When Obama and the democrats take away your freedom and liberty in exchange for “granting” you the privilege of having a politician or his political appointee decide what health care you get, when, and how much you pay for it sounds like a pretty lousy deal. Indeed, it even sounds unconstitutional.

    • The Supreme Court HAS NOT upheld citizens purchasing retirement insurance or health insurance because Social Security IS NOT insurance; neither is Medicare/Medicare insurance.

      The Supreme Court made this clear in the court case Flemming v. Nestor (1960). The Supreme Court established that no one has any legal right to Social Security benefits. There is no insurance contract; there is absolutely nothing stopping a future Congress from changing the retirement age, dropping coverage, adding means testing or otherwise changing the benefit formula. You have no ownership rights in your Social Security taxes; they are non-transferrable, they cannot be bequeathed.

      You have no legal right to SS. As the Supreme Court held in 1960, it is a tax.

  2. If supreme court upholds the decision that obamcare is constitutional this will be the end of America as we know it. It will be only a matter of time become the people will revolt.

    • It is all set in motion , Obama is on track to make us revolt, he will push the envelope until we crack, and then he can finally by executive order,
      Order Marshall Law, and all the interment camps are in place, just like Germany. His Home Land Security , civilian hooligan squads will herd up the protestors and lock them up. They will lock up the looters, the terrible Tea Party minute men (terrorists) and try and keep order, just at the same rate as he got jobs for everyone. This will take forever, and he will want to stall elections like forever.
      This by the way will not stop the king from still taking his 8 vacations, and his weekend golf outings .

  3. Barack has loaded AF #1 with multiple chaff dispensers; and, taken flight with his teleprompters to blitz the American electorate on his miserably failed record as POTUS. The compulsive liar who cavorts about as the fictional leader of our Nation has initiated his campaign comedy routine to falsely demonize his opponents; while, methodically attempting to obscure the abject failures of his divisive and destructive policies. Policies that have forced our Nation into an inexorable decline. In brief, to avoid another 2010 wipeout, the Democrats must construct a scenario wherein the Republicans take the fall for: Obama’s on-track to a doubling of the National debt in just a single term in office; continued debt growth at universally recognized unsustainable levels; exposure of the fact that his ‘Stimulus” was nothing more then a tax-payer subsidized slush fund to reward his political supporters; real unemployment at record levels with a net loss of 2.4 Million American jobs since the passage of Obama’s faux stimulus; proportion of our population actually employed at a record low of 58.4%, and steadily declining; food-stamp recipients at record levels of 46 Million; child poverty at record levels; home mortgage defaults at record levels; a $3500 drop in average income since ’08; obfuscation of real-inflation numbers by elimination of food and energy costs from the index compilation which has been used to justify the elimination of Social Security COLAs; a ‘Misery Index’ at its highest level in 28 years; Government bureaucrat employment at record levels; consumer confidence at its lowest in 30 years; the willful destruction of America’s energy sector; federal consumption at a record level of 25% of our GDP; a dramatic drop in U.S. exports; Obama’s fumble on the goal line in Libya; a president who was willing to sacrifice the financial security of American military personnel to pressure his political opponents to accept his spendthrift agenda, and even labeled combat veterans as “selfishness” for their reluctance to carry private health insurance to pay for treatment of their combat injuries; the contemptible refusal to defend America’s Southern border; universal contempt and ridicule of our sitting president by world leaders; the obliteration of the American $ as a world currency, while concurrently the outlook for the fiscal security of America’s debt obligations are at a record LOW with a first ever downgrade of America’s credit worthiness; a petulant refusal to acknowledge the pending bankruptcy of Social Security, Medicare and Medicaid; and, the greatest tragedy of all, the virtual imprisonment of future American generations with the debt obligations incurred by Obama’s proliferating spending levels. Not really a factual record that the Dems want illuminated before the American electorate. Greg Neubeck

  4. Ya’ll know this one is a given….hope I’m the first to post it.

    ” I knew Martin Luther King, and Mr. Obama you are no Martin Luther King “

  5. Its a simple matter settled nearly two thousand years ago when Jesus stated plainly, “give unto Ceasar that which ‘is’ Ceasar’s (that which is not his, is none of his concern)”.

    The commerce clause allows the federal government to regulate the commerce that exists… not the the commerce that does not exist… the fed cannot compel commerce or demand commerce be conducted, it may regulate that which exists without being forced to exist.

    • And, it’s only authorized to regulate interstate commerce. Not commerce that occurs between individuals. This was to avoid states levying tariffs and the like in between states. They believed this would harm economic growth, and result in tensions, even war, between the states. Once again a delegated power stretched to inconceivable limits.

  6. You are spot on Keith. This ruling was a win for liberty. That a Democrat appointed federal judge chose to look to the Constitution rather than display the judicial activism that is common among his peers is monumental. This ruling was on the Florida case brought by 26 states. Many of these states are addressing legislation to protect their citizens from the government overreach instituted by Obamacare. Don’t know what will happen if the Supreme Court should rule against the constitution and uphold the individual mandate. I do know it will be the final breech of the Constitution and the end of our Republic.

  7. “Free at last, free at last …. THANK GOD ALMIGHTY, FREE AT LAST!”

    That’s what I want to be saying after the election in November, 2012.

    PS: I didn’t know Martin Luther King, but I know that Obama is NOT him.

  8. If the supreme court decrees the federal govenment has the power to make us buy health insurance then they also have the power to make us get tattoos or wear yellow stars on our coat sleeves and tell us what to eat and when to eat it… and tell us to line up for the showers or when to report to the reprogramming center. Is that what Obama really wants? Sure sounds like it.

  9. Obama is likening himself to King because he knows nothing else than to make everything a “struggle” just as a socialists and communists. He is speaking to the non taxpaying people saying the white boogieman is out to get the stuff I stole for you. It is fully his intention to cause mayhem just as he pushed for it in the middle east. Laugh now and watch later.

  10. President Obama, “We’re not following your act on Twitter, We’re not fans of your Facebook page; Your 15 minutes are up, Get Off the Stage

  11. The people will just have to sit back and see what the supreme court decides next year. No reason to get excited or panic at this stage.
    if the supreme court rules that Obamacare is legal and it can go forth without restrictions, then it would be time for all americans to crete a great deal of civil unrest.
    Don’t want health insurance; then don’t get any. if enough americans, and I’m talking millions, refuse health care and also refuse any fines or penalties, then just what is the government going to do about it?
    Remember, there is power in numbers and if people just put their feet down and refuse, the government is going to do a slow meltdown; for sure.
    Then, while the government is in turmoil and having a meltdown, we elect an new group of people for congress, who will totally repeal obamacare.

      • Your cell phone is a tracking device for the government and they don’t care if you are a democrat or republican… they just want to know where you are so they can get their hands on you if you don’t give them your money, Sorry, no tinfoil hats here, check for yourself between the phone company tracking you by tower so they can route your calls to you… do you not have access to GPS too? They don’t need a court order to track your where about (buying habits, associates, etc)… because it is already being done and stored on the phone company’s server for easy access.

  12. Pardon my ignorance, but how is the logic of some people not purchasing health insurance means other people will have to pay for it, any different from people refusing to work meaning that other people have to pay for their food,cars, cell phones, internet,children,school supplies and everything else that we working people have to provide for ourselves? Just asking?

  13. I worked for the Government for 34 yrs, under the old civil service retirement system, and I never paid a penny into the SS system. And I wasn’t required to. However, I was required to pay into medicare.

  14. BHO voters+pols want somebody else to pay their bills. The individual mandate was inserted only to suck-in stupid insurance execs.

    If the rest of Obamacare can be forced without the mandate, Reid will block corrections, and insurance companies must abandon the health market.

    Guess who will fill the vacuum?

    Face it, folks. We’ve been checkmated.

  15. My hat is off to Greg Neubeck and his susinct comments. Now, if we can find a politician who believes in and articulates the same message…we’re in!

  16. If the government can compel people to engage in a private economic transaction because it might affect interstate commerce, then it has the power to force black people to pick cotton in return for room and board provided by Southern gentlemen (a private transaction). This is important since cotton is used in most clothing (which definitely affects interstate commerce) and more importantly, cotton is used to make gunpowder which is a national security issue. Tell Congress to use the Commerce Clause to ensure cotton’s cost effective and efficient production, citing the Obama Administration’s health care law for the Constitutionality of forcing blacks back onto plantations.

  17. I refuse to be a part of this crap, and will not pay into it if the bill passes and becomes law.
    The entire corrupt political system sucks. Both sides-Dems and Reps-have no interest in us or this great nation besides personal gain. I always hope that someone can come along to straighten this out, but after election day it’s back to more of the same BS fed to the masses.
    The pot is being stirred. Soon to boil.

    • Tim, It was already passed and signed into law by Obama on Mar 23, 2010. Not one Republican voted for this law. The Republicans have been complicit in a lot of big government legislation, but Obamacare is not one of them.

  18. While I agree 100% with the appeals court conclusion that the Obamacare mandate to purchase medical insurance, where is it stated in the constitution that we have a “right” to medical care. The dilemma of our society is that we want to have, but we don’t want to pay. The expectation of receiving medical care without paying for it, does result in the taking away from others who do pay for out. It is another form of redistribution of wealth. There are moral obligations involved here, but they are present on both sides of the equation.

    • If they find that the commerce of retirement funds is over burdened, will we be required , if we are not in the best of health, commit suicide for the betterment of those who are healthier.

      Are we if schools are too expensive,or overcrowded , decide which child must be terminated because commerce would benefit with less jobs to fill, less unemployment.
      Are all citizens required to buy solar panels , taking on thousands of dollars in debt , because the solar industry needs an increase in commerce.
      Are we to do exactly what a hand full of elected leaders want us to because they say ” As it is written, so shall it be done” Gee wasn’t that spoken by Kings.

      This country is owned by us , We the People, for generations , they have paid into this Country , for shares, and we are the shareholders, we own this country, and they the lawmakers are public servants, who serve us, and they better not forget that fact.

      The delusional King ship is over, never had it in reality, and never will have it.

      If they want a tyranny , a kingship , then pack your bags and leave, because you will never make the citizens of The United States of America , cower before any master, nor bend to any threat.

      We will not trade freedom for beneficence, nor our dignity for a handout.

  19. The many faces of barack, depending on which way the wind is blowing..
    He thought he was like Kennedy, than Reagan, Now King… We can only sit on the edge of our seats to see who he thinks he is next.. We all wish he would just act like a President..but I knew he missed his calling and should have went into acting, for that he’d get an academy award!

    • You know from the book about Obama’s father, he may have many issues that causes his malfunctions, such as his fathers swing of personality changes , from a intoxicated state, and sober . He may have multiple personalities , or relies on many personalities of mentor figures that makes him feel better about himself. He seems to blame everyone, and does not take responsibilities for problems,or errors, something that most men take to heart, because it shows a strength in a man to be humble, to take responsibility and owe up to something, where as if as a child a boy is always beat up, or berated , would resort to denial.
      Yes he is a strange duck, not quacked up to what we thought!!

  20. King was not a mulatto, he was Republican. Jive Democrats swithched tactics to go after the loser vote later. See the link.

    http://www.humanevents.com/article.php?id=16500

    It should come as no surprise that Dr. Martin Luther King, Jr. was a Republican. In that era, almost all black Americans were Republicans. Why? From its founding in 1854 as the anti-slavery party until today, the Republican Party has championed freedom and civil rights for blacks. And as one pundit so succinctly stated, the Democrat Party is as it always has been, the party of the four S’s: slavery, secession, segregation and now socialism.

    It was the Democrats who fought to keep blacks in slavery and passed the discriminatory Black Codes and Jim Crow laws. The Democrats started the Ku Klux Klan to lynch and terrorize blacks. The Democrats fought to prevent the passage of every civil rights law beginning with the civil rights laws of the 1860s, and continuing with the civil rights laws of the 1950s and 1960s.

  21. It is mort then clear that Obama is avoiding the constitution and trying to push this dang care thing threw on a most questionable interpertation not to mention the sneeky way it was pushed into law nor that we find a federal government imposing its will on a majority of states that don’t want it.
    I find this discusting. Obama is the biggest failure since the Chevy Vega.

  22. This quite true … and then we have the Jimmy Carter Jr.s’ misadminstrations’ tortured arguement that the penalty for *not* doing so is a fee … er … a fine … nonono .. .wait … it’s a … well … ok … we can say with utmost certainty that it’s not a *tax* … we’re just using those IRS forms for … uh … convenience … yeah … that’s the ticket … conveeeeeenience …. yeaaaaahhhh ….

  23. This logic,that the government leadership can mandate anything that effects commerce is so marxist, that it bitters the thought of logic that this is an acceptable free society anymore. What delusion, how shallow has everyone become.

    If they find that the commerce of retirement funds is over burdened, will we be required , if we are not in the best of health, commit suicide for the betterment of those who are healthier.

    Are we if schools are too expensive,or overcrowded , decide which child must be terminated because commerce would benefit with less jobs to fill, less unemployment.
    Are all citizens required to buy solar panels , taking on thousands of dollars in debt , because the solar industry needs an increase in commerce.
    Are we to do exactly what a hand full of elected leaders want us to because they say ” As it is written, so shall it be done” Gee wasn’t that spoken by Kings.

    This country is owned by us , We the People, for generations , they have paid into this Country , for shares, and we are the shareholders, we own this country, and they the lawmakers are public servants, who serve us, and they better not forget that fact.

    The delusional King ship is over, never had it in reality, and never will have it.

    If they want a tyranny , a kingship , then pack your bags and leave, because you will never make the citizens of The United States of America , cower before any master, nor bend to any threat.

    We will not trade freedom for beneficence, nor our dignity for a handout.

  24. Have u ever noticed, its always PRESIDENT OBAMA,when CLINTON,BUSHES,REAGAN in office it was BILL..GEORGE…WW..AND RONNIE…dont ever hear BARACK ….wonder why?

  25. What an egotistical self centered a**hole.
    I pray he gets help, he is going to need it
    after the stunning defeat he faces in 2012
    one term and gone………

  26. This is a giant win for freedom and the Constitution- a much bigger deal long-term than many folks may think. Now, let’s hope that the Supreme Court is of the same opinion as the 11th Circuit Court of Appeals…

  27. There are many examples of persons not required to pay into social security. Self employed, school teachers in california (not sure about other states). congress, federal workers in some states, etc. I have a sister who is a teacher and complains that she can’t draw social security even though she paid in before she became a teacher. Fact is, if her social security is more then her union bargaining agreement, she can elect to take that instead. Her collective bargaining agreement by the union is far in excess of any social security she would have received. she just wants both. If you don’t want to pay social security, get a different job or go to work for yourself. You have a choice. With Obama care. You have none. Want to drive on the roads I pay for, get a drivers lic. Get a horse or walk. You have a choice. Don’t want to pay sales tax, raise your own food. You have a choice. Let Obama take away your freedom of choice and soon you will have none and he who thinks he is above us all will soon be a supreme ruler elected for life.

    • You don’t know how sorry I am to correct someone who doesn’t like Obama, but to set the record straight, SS contributions are made into the system, by all self employed workers. It is done on the tax return. They don’t pay into unemployment,because they don’t trust self employed workers, they think that they will cheat the system and claim no work and sit around like a lazy socialist European . I tend to believe that those who make defensive rules like that , tend to think in that dishonest way.

  28. “Obamacare” was NEVER about ‘Health’ or about ‘Care’ … it’s about ‘POWER & CONTROL OVER THE PEOPLE’!! The Liberal Left equates it to ‘Car Insurance’, but it’s far from that, which the STATES require to drive a vehicle… BUT, if you choose not to drive, you DON’T need insurance … The Obama Administration is now being ‘slapped down’ by the Courts, which really interferes with Obama’s ‘MARCH TO SOCIALISM’ … Obama wants a ‘single payer’ plan, like most Socialist Countries have now… and IT’S NOT WORKING in those Countries either…

  29. “If the mandate is upheld by the Supreme Court – or if one of the conservative justices drops dead before this is considered the middle of next year – be afraid of an unprecedentedly empowered federal government.

    Be very afraid.”

    No. I will not be afraid of this administration of cowards and their tyrannical power push. They won’t get away with what they’re doing even if we can’t impeach or vote them out of office; enough people will stop paying their taxes and disobeying the law before these crooks get their way.

  30. Im sure you think the helmet law is unconstitutional. the seat belt law, and putting up your tray tables and having your seat in an upright position. The man date is the only fair way to cover everybody which may be. Too close to universal health care!!That’s unthinkable, I know

    • To Rueben Scott:
      What law school did you graduate from? Because at the one I graduated from a couple of decades ago the professors could have told you why this law is unconstitutional. People CHOOSE to drive cars, people CHOOSE to ride motorcycles, they CHOOSE to fly on planes. This law forces you to buy insurance because you EXIST. I understand why the mandate was included. It was necessary to win over insurance companies eager to get their claws into lots of young healthy customers who would pay premiums and demand few services in return. It makes economic sense, However, we have thankfully a government of limited powers and in this case it is trying to do something that it has NO RIGHT to do. And hopefully never will have. The Court is RIGHT. The government has no such power under any rational rulings. Anyone with a law degree knows it, whether they like it or not is another matter. I have no doubt four of our current justices will disagree with me, because they will do anything to get to a ruling they like. One of my old law professors favorite sayings was hard cases make bad law. Twisting law, as liberal judges have done for forever to get to outcomes they like, is wrong. It is why all judges should be strict constructionists. Two of these three were and they were RIGHT, you and yours are WRONG. No matter how good and noble a cause you make it sound like with slogans like Universal Healthcare. What you are proposing is universal expansion of the power of the state at the loss of individual freedom. Again sir, you and yours are WRONG.

  31. Obama care was pushed through so fast that no one not even the pervayers of this POS legislation could have known that a little clause was missing.
    There is a name for it I can’t just recall. In a nutshell if ANY part of obamacare is found to be unconsitutional, the entire law is unconsitutional.
    We have way too much government dictating to us about everything from the mpg our cars must get to what kind of lightbulb to use, this is B.S.

  32. Well put. Our earlier years of straining the Commerce Clause has led up to this. Perhaps America and well reasoned judges have decided they are tired of the fall down a very precarious and slippery slope of total government dominence.

  33. “To regulate commerce, there must be commerce, and a decision not to buy something IS NOT COMMERCE. It’s an elementary exercise of free choice” (from article)

    The rationale that everyone will eventually need health care therefore lack of health insurance will with certitude impact interstate commerce negatively is a specious argument. Many individuals can afford to pay the entire cost of health care personally. The rich do not need insurance and their lack of insurance would not impact anything. Why force them to purchase insurance they don’t want or need?? Most individuals, up to age 65, will not incur medical expenses they cannot afford to pay personally. In fact if less people were insured they would be more circumspect when a medical bill appears outrageous. This would have a positive affect on our health care system by keeping costs down. For those that cannot afford their care (uninsured with major medical issues who do not qualify under Medicaid) a change in the bankruptcy laws so that any uninsured medical expenses will never be forgiven in bankruptcy would go a long way as an incentive for individuals to acquire at a minimum a catastrophic insurance policy. The argument that the uninsured will eventually be a burden makes at least some sense with regards to the elderly. But that argument also has little basis when a little thought is given that Medicare covers almost all of them. I believe the administration’s arguments utilizing the commerce clause as constitutional justification for forcing individuals to purchase health insurance is unwarranted.

  34. Please note that a) the judge (Frank M. Hull) “appointed” by Bill Clinton was actually the choice of Sen. Richard Shelby (R-AL), who was at the time the chairman of the Judiciary Committee in the Senate. The then-Republican-controlled Senate demanded a conservative judge to fill that particular opening, and Pres. Clinton agreed to appoint Ms. Hull to the opening on the 11th Circuit. She is in no way a left-leaning judge. The article actually neglects to mention that not one but two judges appointed by Republicans (Jeffrey S. Sutton and the dissenting opinion in this most recent case, Stanley Marcus) have upheld the law. Thus far, this case has been heard by 4 judges and 2 appellate panels (three judges each), totaling 10 judges. Five have upheld the law, and five have ruled against it. Another appellate panel (at the 4th Circuit in Richmond) has also heard arguments and will release an opinion soon.

    However, since it has been both upheld and struck down at the appellate level, it will be heard by the Supreme Court during their next session (the ruling will most likely be published around next May). Until then, judicial rulings are somewhat pointless now that no consensus has emerged from the lower courts. While I am opposed to this health care law, the rulings on the law by the courts have been much more muddled than this article would have you believe. The author does not mention that there was a dissenting opinion in this case (it was a 2-1 decision) or that seven judges had already ruled on the law (4 for, 3 against).

    For the record, I wish Paul Ryan were running for president.