Memo to Conservative bloggers: Stop celebrating over yesterday's Henry Hudson decision that ruled the individual mandate portion of ObamaCare "unconstitutional". We didn't win anything, we didn't prevent enforcement, and we didn't outlaw the law. I just do not understand all of the excitement.
So what happened yesterday? The Conservative Republican Attorney General of Virginia got a Conservative Republican judge in Virginia, who was appointed by a Conservative Republican in 2002, to rule a portion of the most hated piece of legislation in Conservative Republican history unconstitutional.
Judge Hudson did not file an injunction to stop the practice of ObamaCare when it comes into effect in 2014. Unfortunately, without this, there is not much we can do at this court level to stop the mandates from coming into effect. We'd need something from a higher court-- or at least an injunction.
Give me a break! We won absolutely nothing yesterday, except vindication of our arguments to repeal the awful law, which everyone with two brains already realized. Is that really something to celebrate for an entire news cycle? Absolutely not. We need to get our repeal/outlaw plans in line for ObamaCare: Anything short of a 5-4 ruling on the Supreme Court is definitely worthless to our cause.
Call me when Justice Kennedy makes his decision on ObamaCare.
Until then we need to make sure that we bring the case up to the Supreme Court and get them to deem the bill unconstitutional. We can't accept half-measures as long as we cannot repeal ObamaCare-- and we need the Court to step in and force the end of the mandates.
OK....and how much standing would the repeal effort have if these court challenges to 0bamacare were unanimously struck down?
ReplyDeleteThere are other challenges pending, and while there's no way 0bamacare will be outright repealed, it can continue to be undermined through the courts and with the incoming Congressmen de-funding key provisions.
Regardless of the Hudson Obamacare ruling, the Founding States had already decided the following concerning things like Obamacare at the Constitutional Convention. Given the Constitution's silence about healthcare, until Congress uses it's Article V power to successfully petition the states for a grant of specific power via constitutional amendment to regulate healthcare, the 10th Amendment clarifies that such power is automatically uniquely reserved to the states.
ReplyDeleteIn fact, regardless of the perversion of the Commerce Clause by FDR's puppet justices in the 1940s to allow corrupt Congress to overstep its constitutional limits, Thomas Jefferson had clarified the limits of Congress's power concerning the Commerce Clause as follows.
“For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes.” –Thomas Jefferson, Jefferson’s Opinion on the Constitutionality of a National Bank : 1791. http://avalon.law.yale.edu/18th_century/bank-tj.asp
Given terms like "does not extend" and "exclusively," Jefferson made it clear that Congress has no business sticking its big nose into intrastate commerce.
In fact, where intrastate medical practice is concerned, before FDR's activist justices trampled the Commerce Clause, the USSC had already established the precedent that Congress has no business interfering in intrastate medical practice.
“Direct control of medical practice in the states is obviously beyond the power of Congress.” –Linder v. United States, 1925. http://supreme.justia.com/us/268/5/case.html