The Bell Tolls for Obamacare

American Spectator ^ | 11.23.11 | Peter Ferrara

[neverdem]

The key to the Supreme Court's upcoming ruling will be clear recognition of constitutional alternatives to Obamacare.

On November 14, the Supreme Court granted the Writ of Certiorari to hear the appeal of the cases testing the constitutionality of Obamacare. The resulting decision will mark an historic watershed not only in the restoration of constitutional jurisprudence, but in fundamental, market reform of the entire entitlement state...

--snip--

While the decision of simpatico Judge Laurence Silberman upholding the Obamacare mandate is somewhat troubling, that reflected Silberman's poorly reasoned conclusion that he was bound as a lower court judge by the Supreme Court's 1930s precedent of Wickard v. Filburn. That case did not involve a regulation compelling anyone to purchase anything, but rather a defendant who had made an affirmative decision to take action to grow and use wheat in his farm operations, with the regulation applying directly to that action. That illogical blunder is not characteristic of Silberman's usually brave and far sighted work...

--snip--

The Supreme Court decision in this case will come down in the summer of 2012, just before the election. Regardless of the outcome, the decision will be a political disaster for Obama's reelection. If the Court strikes it down, that will confirm that Obama wasted his first two years in office taking America on an unconstitutional frolic, rather than addressing America's most urgent problems in an effective way.

If the Court upholds it, then voters will know the only way to get rid of it is to vote Obama and his Democrats out of office. That will be a result they will have so richly earned...

[MileHi]

Scalia let the Constitution down in Raich.

[neverdem]

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[1010RD]

Big time. I lost a lot of respect for Scalia in that decision. Thomas is holding up and very well. I wish we had more like him. Anyone in the wings?

[webstersII]

“Kagan is bulletproof for anything she does for the next 40 years”

I’m not sure I agree with you.

From her answers in the Senate hearings she proves she’s not the brightest bulb on the court. I expect her to look like a lightweight long before her tenure is up.

[SunkenCiv]

Thanks neverdem. This op-ed made it into the local paper, which btw is going to three day a week publication.

• ObamaCare's mandate: Is there no limit to Congress's power? by George Will Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare's individual mandate, the U.S. Court of Appeals for the D.C. Circuit affirmed, 2-1, its constitutionality.
  
  Writing for the majority, Judge Laurence Silberman, a Reagan appointee, brusquely acknowledged that upholding the mandate means there is no limit to Congress' powers under the Commerce Clause. Fortunately, Silberman's stark assertion may strengthen the counterargument. Silberman forces the Supreme Court's five conservatives to face the sobering implications of affirming the power asserted with the mandate.

[Aria]

I remember Lindsey Graham kissing the butts of Obama’s SCOTUS nominees.
Why does the GOP always roll over for the rats but the rats fight like hell when the table is turned - i.e. Thomas and Bork.

The rats are fearless in advancing their agenda and our guys act like nothing is happening.

[Salvation]

I like the win-win choice for Republicans at the end of the article!

[cpforlife.org]

1000 words, plus. LOL!