Tuesday, February 1, 2011

Health Care Law - #2609 - Florida Ruling Requires Government to Stop Implementing Obamacare - Cato@Liberty (2) Another Victory on the Road to Repeal - Heritage Foundation (3) Obamacare Meets Its Death Panel - Redstate (4) The Constitutional Moment - Wall Street Journal

As I continue digesting Judge Vinson’s ruling, I notice two key things beyond the facts that the “individual mandate is unconstitutional”: 1. In performing his severability analysis — determining which parts of the overall legislation survive — the judge threw out all of Obamacare: In sum, notwithstanding the fact that many of the provisions in the Act can stand independently without the individual mandate (as a technical and practical matter), it is reasonably “evident,” as I have discussed above, that the individual mandate was an essential and indispensable part of the health reform efforts, and that Congress did not believe other parts of the Act could (or it would want them to) survive independently.  Read more.....  Article contributed by Steve Peters.

Another Victory on the Road to Repeal - Heritage Foundation - .....Judge Vinson’s decision is a body blow to Obamacare that the law will never recover from. The New York Times claims the decision “even[s] the score at 2 to 2,” and The Washington Post “reports”: “Four suits have now been decided on their merits—two rulings upholding the law and, with Monday’s decision, two finding all or part of it unconstitutional.” Nothing could be further from the truth. Only two Obamacare cases have moved passed preliminary motions and reached the merits of the case: Judge Hudson’s Virginia decision and Judge Vinson’s decision yesterday. More importantly, the parties involved in yesterday’s case make it unique. A majority of all states in the union (26) have joined forces with the National Federation of Independent Businesses to challenge this intolerable act. Heritage Foundation legal scholar Robert Alt comments: “If not completely unprecedented, the very fact that more than half the states marched into federal court on behalf of themselves and their citizens to challenge an unconstitutional federal program falls into the category of ‘beyond any recent memory.’”  Read more.........  Article contributed by Steve Peters.

Obamacare Meets It Death Panel - Redstate - I am not, with this post, going to attempt a detailed exposition on Judge Vinson’s ruling that declared the individual mandate unconstitutional and, due to the lack of a severability clause, struck the whole law as unconstitutional. But I will give you a brief overview and direct you to other good sources. Here are the basics you will need to start your day. First, you need to understand that the case before Judge Vinson was not directed at whether the federal government can involve itself in healthcare. Instead, the case was whether the individual mandate is constitutional. The individual mandate is the keystone to the whole legislation. Without it, the funding mechanisms of the law collapse in on themselves. Judge Vinson ruled that forcing people to buy healthcare insurance, whether they want it or not, is unconstitutional.  Read more.......  Article contributed by Steve Peters.

The Constitutional Moment - Wall Street Journal -  If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." Federal Judge Roger Vinson opens his decision declaring ObamaCare unconstitutional with that citation from Federalist No. 51, written by James Madison in 1788. His exhaustive and erudite opinion is an important moment for American liberty, and yesterday may well stand as the moment the political branches were obliged to return to the government of limited and enumerated powers that the framers envisioned. As Judge Vinson took pains to emphasize, the case is not really about health care at all, or the wisdom—we would argue the destructiveness—of the newest entitlement. Rather, the Florida case goes to the core of the architecture of the American system, and whether there are any remaining limits on federal control. Read more.......  Article contributed by Steve Peters.

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