Posted on 02/24/2011 2:26:59 PM PST by dont_tread_on_malik
We posted something brief yesterday about the ruling by Federal District Judge Gladys Kessler that ObamaCare is constitutional. However, with with some further analysis, courtesy of Avik Roy at Forbes, it becomes clear that Kessler’s decision may be weighted more in partisanship than in actual logic.
This is an excerpt from Kessler’s ruling:
“As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power. See Thomas More Law Ctr., 720 F.Supp.2d at 893 (describing the “activity/inactivity distinction” as an issue of first impression). However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance…Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality. ”
(Excerpt) Read more at 21statelawsuit.com ...
If upheld by the Supreme Court, this ruling has all kinds of potential freedom-limiting aspects. I would even say it could be the end of our Republic. If its end hasn’t already come...
It is getting close to the ‘Nearest light pole and a rope’ solution to tyranny.
Liberals are itching to outlaw certain kinds of thoughts.
Although impeachment is supposedly limited to instances of misconduct, I would argue that loons like Kessler should be impeached. The complete infidelity to the clear language of the Bill of Rights is more corrosive and damaging to the country than acceptance of bribes, and sacking a few of these a$$hats might give others pause in the future.
I’m sure Kessler has her eyes on an appellate court or even Supreme Court appointment, and for that reason can have been expected to twist a legal pretzel into however many kinks were required to uphold the obamanation that is Obamacare, but the pubbies should at the minimum make sure that she is never confirmed to any higher court. Conservatives have to start playing hardball on judicial appointments. The dems have been doing it for years, blocking conservative appointments with filibusters on the slightest pretext while expecting our spineless GOP senators to dispassionately weigh democrat nominees on their merits.
Idealogues like Ginsberg, Kagan, and the wise latina Sotomeyer should never have gotten anywhere close to the SCOTUS, and Kessler should retire as a district court judge even if nominated and renominated to higher court positions.
I think Federal District Judge Gladys Kessler should immediately apply for a new post in Tehran, where her thinking (and ruling) is right in line with the current regime.
Thougtcrime apparently is Constitutional according to this judge.
Wow. Just wow.
We, as a Nation, are 47-years too late paying "real" attention.
In 1964, Ronald Reagan delineated,very clearly, the issues and consequences if we did not pay attention...We did not!
His warning of an impending thousand years of dark tyranny is now upon us and there is absolutely no reasonably possible civil solution that will undo the damage.
The fact is some fought and died 235 years ago. Some may have to fight and die again. I don’t aim to be cannon fodder, but I am not going to be corralled by this bunch of ... well, it’s getting to be hard to find words for them, isn’t it.
However, with with some further analysis, courtesy of Avik Roy at Forbes, it becomes clear that Kessler’s decision may be weighted more in partisanship than in actual logic.
.......................................................,,,
No: You don’t really believe that do you?? LMAO
She isn’t a Judge, she is a stooge.
Can I beg for a translation into understandable simple English?
I only went to a one-room grade school...... Please help.
When you place clowns on the court, expect clownish rulings.
This is a classic example of how one government intervention into the economy - requiring hospitals to treat without considering ability to pay — leads to severe unintended (Ha!!) consequences (hospitals cost-shift the expenses into other patients, and to insurance companies, leading to higher insurance premiums) ... which is then being used to justify a further government interference into the economy (i.e., require everyone to buy insurance to lower the cost).
If the legislators want everyone treated by hospitals, they should cover the expense ... and do what Oregon did .. limit what procedures can be used to limit the cost. Then we could find out what hospital costs really are, not the cost-shifted versions that have no resemblance to reality.
This is by default a government imposition of authority upon matters it has no authority. The powers not granted the government are reserved by the people. To suggest that the government can submit a restaurant menu of choices is to suggest the government can make you eat at the restaurant and that is tyranny.
Whether one chooses to accept what is forced upon him or chooses not to accept what is forced upon him are two sides of the same coin -that coin being TYRANNY. To pretend otherwise is to be a leftist.
Perhaps all judges should have to take the bar exam again
Have I made a choice? Prove it.
I've always wondered if a "1984" themed park could succeed. It looks like the Obama Regime is going to experiment with the entire United States and find out.
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