“No Man’s life liberty or property is safe while the legislature is in session”.

- attributed to NY State Judge Gideon Tucker

Thursday, August 19, 2010

ObamaCare Loses Its First Court Test

I was out of touch with most electronic and print media on August 4th, when the Wall Street Journal published Betsy McCaughey's editorial concerning the failure of ObamaCare to pass its first court test. Thus, I don't know if the loss was covered as such by the usual suspects in network and print media.

McCaughey provided detailed coverage of how the government's motion to dismiss was denied by U.S. District Court Judge Henry Hudson. He was quite specific in noting the unparalleled expansion of the so-called commerce clause by ObamaCare.

McCaughey noted, in contrast,

"Ms. Sebelius' motion to dismiss the case focused almost entirely on why requiring everyone to buy insurance would be good public policy. In other words, the ends justify the means."

Which is precisely why the Founding Fathers wrote the Constitution- to limit what government can do, since so many unconstitutional acts can be justified by their ends.

Reading McCaughey's piece was somewhat anger-inducing for me, as she catalogued the Supreme Court's laughable rulings in Wickard vs. Filburn (1942) and Gonzalez vs. Raich (2005) which so tremendously expanded the federal government's control over situations which were pretty clearly not interstate commerce.

To quote McCaughey, regarding Filburn,

"the Court ruled that the federal government could limit how much wheat a farmer can grow to feed his own animals.

Growing something for personal use doesn't seem like interstate commerce, said the justices, but individual decisions in the aggregate could have an impact on national markets."

So what?

"Having an impact on" isn't the same as actually conducting cross-state-border marketing or other business.

Given the roots of the basis on which ObamaCare was foisted on us, i.e., a few badly-reasoned, common-senseless precedents, it's exasperating to see that become the loopholed used to enslave all Americans by this bloated and unnecessary health care law.

Precedents have been overturned before. We should all hope this case arrives at the Supreme Court, to be used to overturn earlier commerce clause cases which violated the Constitution's meaning and intent. Then, again, it's going to be a swing vote situation, so don't hold your breath this time.

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