Though not a legal justification for the ruling in and of itself, the judge who found the health care law unconstitutional in its entirely used Obama’s own words against him in the final analysis, adding insult to injury:
In ruling against President Obama‘s health care law, federal Judge Roger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, arguing that there are other ways to tackle health care short of requiring every American to purchase insurance.
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.
Judge Vinson, a federal judge in the northern district of Florida, struck down the entire health care law as unconstitutional on Monday, though he is allowing the Obama administration to continue to implement and enforce it while the government appeals his ruling.
The footnote was attached to the most critical part of Judge Vinson‘s ruling, in which he said the “principal dispute” in the case was not whether Congress has the power to tackle health care, but whether it has the power to compel the purchase of insurance.
The White House — which is attempting to take over the health care industry, Constitution-be damned — called the ruling “judicial over-reaching.” They do love their over-reaching activist judges… unless it doesn’t go their way. The Obama administration accusing somebody of “over-reaching” is like Charlie Sheen saying you’re overdoing it on the partying.
And the extra funny part? Judge Vinson is a Ronald Reagan appointee. How ya lovin’ The Gipper now, Barack?
dougpowers.com
http://www.youtube.com/watch?v=usfiAsWR4qU
Judge Vinson’s decision is good news, and we all hope that it will prevail when Obamacare finally reaches the Supreme Court two years from now. However, that is not certain, and there remain substantial political powers who regard this vast extension of federal power as constitutional based upon the Supreme Court’s vast expansion of the interstate commerce clause since 1937. The only sure way to stop not only Obamacare, but the innumerable other ways in which the federal government has increased its power beyond the original scope of the Constitution, is to reverse those Supreme Court cases and restore the interstate commerce clause to its original meaning. Given how entrenched these Supreme Court precedents are, this will require a constitutional amendment restating the original, very limited scope of the interstate commerce clause. See http://www.timelyrenewed.com