Health care bill

moBoth the left and the right are spining the SC on the health care bill, but here are some excerpts from the BBC.

We do not consider whether the Act embodies sound policies. That judgement is entrusted to the Nation's elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions...

The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product... The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress's power to "regulate Commerce"....

The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.

Splitting hairs, or a Soloman like decision?

Probably the best decision, because the next election will be if we want Obamacare, with it's huge expansion of federal powers, or a less imperial type of universal health care coverage like Romneycare...link

Instapundit, a libertarian and a lawyer, writes here:

"Roberts’ genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress’ power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.” We’ll see.

He has lots of links to lawblogs and conservative blogs.


Since the question before the court was if Congress could order people to buy insurance, the answer is no, but they can tax them if they don't.

Now will come all the lawsuits about individual questions, like if is legal for an unelected 'health care panel" to tell me to pay for or give out abortifactent medicines.

motherJones' take here.