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Thursday, June 28, 2012

SCOTUS Finds a way to make the Illegal Legal - Part 1

I hate long blog posts.  So I have broken my rant up into 2 posts, which are still too long in themselves.  I'm sorry, but please read and comment anyway if you have time.

Today's ruling on Obamacare sickens me, no pun intended.  What is more appalling is the rationale given by Justice Roberts for upholding the individual mandate portion.

Recall that Pelosi and Reid and the rest of them claimed that Congress could impose the individual mandate under its authority to regulate interstate commerce?  Remember Obama repeatedly arguing that the penalty was not a tax (everything you need to see is in the first 5 minutes)?

Now here are sections from the SCOTUS ruling released today (italics are in the original):


"Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate it, not to compel it.  Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers.  The individual mandate thus cannot be sustained under Congress's power to "regulate Commerce."
And...
"Nor can the individual mandate be sustained under the Necessary and Proper Clause as an integral part of the Affordable CareAct’s other reforms... Even if the individual mandate is "necessary" to the Affordable Care Act’s other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective."
But just when it seemed the individual mandate was not going to survive, ...


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