6th Circuit affirms lower court’s decision to abridge your freedoms
Now I’m no lawyer, our blog’s regular lawyer is probably rubbing his saddle sores somewhere in Montana at the moment, but this looks like the biggest load of shit ever written by a court in the history of the Constitution. From Ace of Spades who got it from Hot Air (see how I did that Hot Air?);
Congress had a rational basis for concluding that, in the aggregate, the practice of self-insuring for the cost of health care substantially affects interstate commerce. Furthermore, Congress had a rational basis for concluding that the minimum coverage provision is essential to the Affordable Care Act’s larger reforms to the national markets in health care delivery and health insurance. Finally, the provision regulates active participation in the health care market, and in any case, the Constitution imposes no categorical bar on regulating inactivity. Thus, the minimum coverage provision is a valid exercise of Congress’s authority under the Commerce Clause, and the decision of the district court is AFFIRMED.
If you can’t tell, they’re upholding Obamacare based on the part of the Constitution that says that Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Article I, Section 8, Clause 3). As Ace points out, based on this decision, everything else in the Constitution is just so much mumbling, because the “commerce clause” trumps it all.
The Ninth Amendment? “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Well, since “the Constitution imposes no categorical bar on regulating inactivity”, the commerce clause negates any rights you thought you had – like buying health insurance when you choose to buy health insurance.
The 10th Amendment? “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” What’s that? Just so much blather when confronted by the commerce clause.
The part that really burns me up (that’s my grandfather, Oscar, coming through); Congress had a rational basis for concluding that, in the aggregate, the practice of self-insuring for the cost of health care substantially affects interstate commerce. Just because the Congress has a “rational basis” for thinking that forcing everyone to buy health insurance will make it universally cheaper, they have the power to do it. If everyone was forced to buy 10mm ammo, mine would be cheaper, too. If everyone was forced to buy a new car every year, cars would be cheaper. Does that make it right? Well, the court seems to be saying that it is right.
Is this what passes for wisdom these days? Of course, this won’t be the last word, but this word is bad enough.
Category: Barack Obama/Joe Biden, Legal
When it comes to Commerce clause you might just be wasting yer breath.
I share yer outrage, mind you, but that clause been invoked pretty often in the last few decades (at least) so even a simply competent judge or panel might be right when citing case-law.
This fellow may see a glimmer…
First sentence, first flaw: “Congress had a rational basis for concluding that, ….”
According to all members of Congress, from both parties and including the then-Speaker of the House and her Senate counterparts – no one in Congress read the law. They had to pass it to find out what was in it. We are still finding out what is in the law, many months since it was passed.
So the 6th Circuit’s logic is already factually undermined. But who can trust a lawyer judge with facts?
I wonder what other activities we aren’t doing that is covered by the Commerce Clause and therefore making us criminals?
DaveO, don’t ask, someone in the DoJ will soon show up to show and tell us what we’re doing that’s illegal. If you’re in a state not Michigan and we engage in a rant about Obysmal, I’m sure that, somehow, that’ll end up giving someone a “rational basis” to think that we’re plotting the overthrow of the government, in violation of the Commerce Clause.
But, if the judges had exercised the common sense that God gave pissants, they would have used the logic that you just did to throw this POS legislation out.
WTF is case law really? It’s some judges decision that suddenly make what they say a law and that is total crap. Laws are made by the legislature – period.
The entire idea of case lae is bullshit and needs to be tossed out. One judge interprets a law a certain way and now everyone has to see it that way too – total crap.
Case law vs Constitutional law . . . . .
And see where we are now, like lemmings headed for the cliffs. . . .
The best way to keep bad laws from getting enacted is to NOT ALLOW ANY DEMOCRAT ANY FORM OF POWER AT ALL ANYWHERE. Every time the dems have gained control of this government, a massive clusterfuck has occurred, and we have all suffered for their stupidity and incompetence. Stop the madness, friends don’t let friends or relatives vote democrat.