Posted on 03/05/2011 3:30:28 AM PST by Scanian
'I can take care of my enemies all right," Warren Harding once said. "But my friends, my damn friends, they're the ones that keep me walking the floor nights!"
In the sense that so irked Harding, Judge Gladys Kessler is a great good friend of ObamaCare. The US district-court judge in Washington, DC, delivered a more telling blow against the law in the course of ruling it constitutional than critics have in assailing it as a travesty.
At issue is the individual mandate. Two other district-court judges have struck it down on grounds that Congress doesn't have the power under the Constitution's Commerce Clause to require that everyone buy health insurance. If someone doesn't purchase insurance, he hasn't done anything. He isn't engaged in activity that may or may not affect interstate commerce, but in sheer inactivity. Never before has anyone thought Congress could regulate nonevents.
The easy-to-grasp distinction between an activity and inactivity is one of the most powerful legal arguments of ObamaCare's opponents. But they hadn't yet run up against a jurist as ingenious as Judge Kessler. She brushes aside the activity/inactivity distinction because not doing something is a choice and therefore "mental activity."
Why hadn't someone thought of this before? The sophists in Eric Holder's Justice Department must be embarrassed that they didn't themselves dredge up this killer rejoinder.
(Excerpt) Read more at nypost.com ...
Warning! If you click on the article, first you have to listen to an advertisement about some lady's fortune making scheme. When you have read the article and try to leave the site, you have to click through several windows that keep popping up advertising .....very annoying.
So, in this case, according to this judge, ignorance of the law would be an excuse?
Regards,
My first reaction also.
This is called “mouse trapping”, or close to it. I thought it was illegal; but I don’t think I want the gubmint enforcing it.
Annoying? Annoying? The other day they scared the LS out of me. Spent the rest of the day reaming my pc and hunting for malware, virus, worm, whatnot. Now my pc is so armored up it can barely move. I've been reading the NY Post since I was a baby, but I will never go to their site again.
Well—that was one thing I didn’t even think about—Just another of many reasons that I own only Mac computers.....
Hmmm...nominated by Clinton in 1994. Is Judge Kessler, by chance, married to past FDA boss Kessler, nominated by Bush I, campaigned hard for Clinton to keep him based on high number of REGULATIONS he imposed on America?
“When you have read the article and try to leave the site, you have to click through several windows that keep popping up advertising .....very annoying. “
To stop those annoying pop-ups; in your browser window go to:
1. Tools
2. Pop-up Blocker
3. Turn on Pop-up Blocker
You may find a button labeled Pop-up Blocker Settings. From there you can set the level of pop-up blocking.
If you have problems logging into your bank or a bill-paying site, you might need to re-set that level to “Medium.”
Happy Freeping.
It’s crossed my mind to obtain a Mac, but I tend to think of it as an evolutionary dead end. A good mule is still...infertile.
This is a very well written column by Mr. Lowry.
He has been doing better lately.
In the book, Winston Smith, the main character, writes in his diary: “Thoughtcrime does not entail death: thoughtcrime is death.”
ObamaCare comes full circle.
And here we go...thought crime was just defined by a sitting judge. George Orwell knew what he was talking about when he wrote “1984”.
JoMa
Which all left cookies on your computer
Sebelius Cracks! Admits the Obamacare Books Were Cooked
Video of the Day: Bachmann, Spending Bill Has $105 Billion for ObamaCare
http://www.impeachobamacampaign.com/video-of-the-day-bachmann-spending-bill-has-105-billion-for-obamacare/
cookies are very easy to delete.........
Heh. Never thought of it that way.
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