Posted on 08/17/2011 7:47:23 AM PDT by T.Bourne
Host: My next guest here is David Rivkin. David is joining us to talk about the 11th Circuit’s decision last week overturning the individual mandate in the Obama healthcare law . . . I should point out that David and his colleague Lee Casey argued this case at a lower court level . . . so what is the significance of this decision?
David Rivkin: Well, it’s the first time the Court of Appeals has done it, point number one. Point number two, you have a bipartisan panel, I hate to engage in these types of observations, but it’s very important that you had a Republican judge and a Democrat nominee, if you will, come together. But most importantly to me, it is a meticulously crafted opinion. It’s long, 207 pages, and it debunks every single argument the government has made. And it has done it in a very measured, low-key fashion.
In my opinion, it sets it up perfectly for the Supreme Court review, and it will be the most influential Circuit Court opinion to set the stage, if you will, for the next phase.
Host: What is the key reason they gave for finding this individual mandate unconstitutional?
Rivkin: Interesting, because we’re ending up at this phase exactly where we started from the beginning. The argument is very simple. There is no meaningful, judicially enforceable limiting principle that attaches to this exercise of Congressional power.
If government can require you to spend your money, and the court emphasizes by the way, spending your money to purchase a product from another private party.
(Excerpt) Read more at davidrivkin.com ...
Rivkin is predicting a Supreme Court decision by June 2012.
Maybe, maybe not.
The Florida Attorney General believes that if the Obama Administration calls for an en banc review of the 11th Circiut Court decision this would delay the decision until after the election. Since this is clearly to Obama’s advantage I see no reason why the case won’t follow this path.
I’m an insurance salesman.
Where do I go to have the government pass a law to mandate window insurance for all homes?!
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