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The Eleventh Circuit’s Affordable Care Act Decision Cannot Be Squared With The Cons ution
the two judge majority explains how they will determine whether this law is cons utional:
In answering whether the federal government may exercise this asserted power to issue a mandate for Americans to purchase health insurance from private companies, we next examine a number of issues: (1) the unprecedented nature of the individual mandate; (2) whether Congress’s exercise of its commerce authority affords sufficient and meaningful limiting principles; and (3) the far-reaching implications for our federalist structure.
This is one way to evaluate whether a law is cons utional, but a better way is to ask whether the law can be squared with text of the Cons ution.
The Cons ution provides that Congress may “regulate Commerce…among the several states,” and the very first Supreme Court decision interpreting this language made clear that this power is “plenary,” meaning that Congress may choose whatever means it wishes to regulate interstate marketplaces such as the national health care market, so long as it does not violate another textual provision of the Cons ution.
http://thinkprogress.org/justice/201...-cons ution/
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but yes, DoJ will appeal up to SCOTUS where the VRWC activist cabal will kill it 5-4.
Here's one you sociopathic sadists will go for:
If the mandate is killed, then taxpayers should win the right for taxpayer-funded medical facilities to refuse medical care to uninsured patients who can't pay.
This would be a very effective death panel, and remove taxpayers from compassionate/humanitarian/socialist/solidarity policies. After all, the poor are lazy criminals so why should taxpayers pay for them? Isn't that how the righties argue it?
