Publius Forum

Tuesday, August 3, 2010

Sanity in Justice: Obamacare on Trial

In case you were wondering if we have any sane justices left since they threw out most of Arizona's illegal aliens statute SB 1070, relax. There are. Here is a report from the Heritage's Morning Bell:
Another Victory on the Road to Repeal.

Last month at a town hall in Hayward, Calif., a constituent asked Rep. Pete Stark (D-CA) about Obamacare: "If this legislation is Constitutional, what limitations are there on the federal government's ability to tell us how to run our private lives? … If they can do this, what can't they?" Stark, a long-time advocate of government-run health care, gave an honest yet troubling answer: "The federal government can, yes, do most anything in this country."

Yesterday a federal court in Virginia agreed with the logic, but not the Constitutional understanding, of Stark's view of federal government power. In the first substantive legal ruling on President Barack Obama's health regulation law, U.S. District Court Judge Henry Hudson held that the Commonwealth of Virginia raised a valid substantive theory to challenge Obamacare and that its democratically passed Virginia Health Care Freedom Act provided it standing to challenge the federal individual mandate. On the issue of that mandate, Hudson wrote: "Unquestionably, this regulation radically changes the landscape of health insurance coverage in America. ... No reported case from any federal appellate court has extended the Commerce Clause or the Tax Clause to include the regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce."

Echoing the court's ruling, Virginia Attorney General Ken Cuccinelli said: "This lawsuit is not about health care, it's about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution." Continue reading.
Sweet.

May you walk with the LORD always, and when you cannot take another step, may He carry you the rest of the way until you can walk along side Him again. Digg! Digg!

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