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      SCOTUS, Here We Come


      By Kevin Rex Heine, Section News
      Posted on Fri Aug 12, 2011 at 04:00:56 PM EST
      Tags: 6th Circuit Court of Appeals, 11th Circuit Court of Appeals, 4th Circuit Court of Appeals, Health Care Deform, SCOTUS appeal, Michigan Citizens for HealthCare Freedom (all tags)

      On this site, I think that it goes without saying that we have a major constitiutional issue with the healthcare deform legislation that was signed into law a couple of Marches ago.  So much so, in fact, that we supported a 2010 petition drive to amend Michigan's Constitution to reject the application of the individual mandate in this state by any level of government (and don't be surprised to see that petition again in 2012).  So much so, in fact, that we support current pending legislation (thank you, Rep. McMillin) to at least statutorily reject the individual mandate, if not just have the legislature vote the matter onto the state ballot.

      Adn I think that we'd be quite willing to cheer about some good news regarding this issue coming out of Georgia today.

      From Reuters via Yahoo! News:

      WASHINGTON (Reuters) - An appeals court ruled Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

      The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

      The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

      The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.

      "This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives," a divided three-judge panel said.

      Right, because what the Founding Fathers meant when they wrote Article 1, Section 8, Clause 3 of the U. S. Constitution (... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ...) was that commerce should be standardized between the states.  In other words, Congress puts together a set of rules that every state has to play by when engaging in commercial activity other than strictly within its own boundaries.  Thus, the Uniform Commercial Code is a proper application of congressional authority.

      Clearly, the Obama Administration disagrees, as did Judge Stanley Marcus in dissent:

      The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," Marcus wrote.

      Respectfully, your honor, just because it's generally accepted doesn't make it right.  Recall the Gaderene Pig Principle.

      So, in appeals court decisions, ObamaCare is now batting .500, with one case pending:

      The decision contrasts with one by the U.S. Appeals Court for the 6th Circuit, based in Cincinnati, which had upheld the individual mandate as constitutional. That case has already been appealed to the Supreme Court.

      The Court of Appeals for the 4th Circuit, based in Richmond, has yet to rule on a separate challenge by the state of Virginia.

      Something tells me that SCOTUS will be sorting this one out, probably issuing a writ of certiorari right after the 4th Circuit decision is in.

      Of course, there are other options:

      < Airplanes Elections and Indiscriminate Expenses | August 2011 Ames, Iowa, Presidential Candidate Debate >


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      Judge Stanley Marcus = D-Bag (none / 0) (#1)
      by JGillman on Fri Aug 12, 2011 at 04:36:38 PM EST
      With all due respect. (means none)

      How does someone with the reasoning intellect of an Aussies wooly girlfriend ever make it to that level of jurists' seat?

      Baaaa

      Frankly, anyone with that power who argues that evolution in tolerance is an excuse for real law should be made to listen to Ben Stein as he recites Atlas Shrugged.

      ARGH!

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