Posts Tagged ‘Courts’

Health Care Shutdown

I have not noticed Obamacare; neither have most Americans.  Obama for political reasons pushed this “urgent” law and then allowed most of its provisions, popular and otherwise, to kick in two or four years out. Thus, the most energized constituency are those Americans fearful of its impact and attached to the status quo. Obama did not manage to build a group of supporters, outside of a few activists.  The energy is with his opponents.

While I’m encouraged by the federal decision declaring the individual mandate unconstitutional, I am doubtful this decision will not be overturned.  The Supreme Court’s Commerce Clause jurisprudence is incredibly malleable, and unlike the Violence Against Women’s Act or the Gun Free School Zones Act cases, the provision (or not) of health care is much more directly an economic activity, which is dealt with more deferentially by the courts.  Of course, a brief perusal of the Constitution reveals a great deal the federal government does is unconstitutional, but the Court’s long line of cases have created a kind of parallel “constitution” that must be treated as law as a practical matter.

Obamacare is a major boost to the destructive entitlement spending that will bankrupt our country before long.  It is a major imperative to reverse it in 2012 or earlier.  Obama’s lack of political acumen will likely be its death knell, however, rather than the courts, in spite of this brief (and likely fleeting) sign.

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