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SCOTUS, Here We ComeBy Kevin Rex Heine, Section News
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. 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. 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:
SCOTUS, Here We Come | 1 comment (1 topical, 0 hidden)
SCOTUS, Here We Come | 1 comment (1 topical, 0 hidden)
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Related Links+ Reuters via Yahoo! News+ Article 1, Section 8, Clause 3 + Uniform Commercial Code + Also by Kevin Rex Heine |