As you probably know, Obamacare is being litigated in our federal court system. I’ve lost count, but judges of different political flavors have all ruled differently, usually along political lines. Democratic judges have generally been indifferent to the law, while “conservative” judges have opposed it. We’ve now had two appellate rulings, one for and one against. The one against was bipartisan – written by two judges who cast party aside and put liberty first. That’s refreshing.
Here’s a sampling of the opinion: “The federal government’s assertion of power, under the Commerce Clause, to issue an economic mandate for Americans to purchase insurance from a private company for the entire duration of their lives is unprecedented, lacks cognizable limits, and imperils our federalist structure.”
Most think the Supreme Court will take the case in the next term. This would ensure a ruling prior to the 2012 presidential election. And let me predict that should the Court declare the law unconstitutional, the current White House occupant will not return for another disastrous term. However, should the Court bless the law, Congressional power will have been declared virtually unlimited, able to coerce the citizenry into any transaction deemed necessary to further the social good. Let us pray, then, for lady liberty and for the justices who will decide whether or not the Constitution really guarantees limited power.
Here’s Heritage’s take on the ruling (which is over 200 pages!)