Educating the Ignorant
- Dec 19, 2008
- Reaction score
- Political Leaning
This is the second legal defeat for the administration. On Aug. 2, another federal judge ruled against... That judge noted that it was far from certain that Congress had the authority to compel Americans to buy insurance or penalize those who don't.
If ObamaCare's insurance mandate law is ruled unconstitutional, the whole law could collapse...
The administration's lawyers claim that the Commerce Clause gives the federal government the authority to mandate coverage. They cite two cases in which the Supreme Court stretched the meaning of interstate commerce like a rubber band.
Yet the administration wants to stretch the definition of interstate commerce even farther, to include an individual's decision not to do something -- in this case not to buy insurance. Judge Vinson expressed skepticism: "The government has never required people to buy any good or service as a condition of lawful residence in the United States," he noted.
"If the federal government can do this," Rivkin cautioned, "there is no limit to what the federal government can do."
If the 20 states prevail on either challenge...Rivkin predicts that they will ask to stop the clock on ObamaCare until the Supreme Court rules. That will spare states from having to spend billions of dollars on a law that may never go into effect.
And it will give members of Congress time to read the Constitution they have sworn to uphold.
Read more: Suing ObamaCare - NYPOST.com
Which is what Pete Stark (in bold) asserted and how Dems act in general.
One component of the Tea party I believe is people also lack trust in the Supreme Court to make decisions based on our constitution, and overreach, creating law from the bench. Look at the Dems SCOTUS picks and you have political activists on the court. Can't remember the Bush decision where I am sure he believed the SCOTUS would strike down a certain law, and Bush ended up losing because of Judicial Activism.
He should have had the balls and vetoed the crap, stopping it in its tracks.