What Would The Supreme Court Do?

Next week, the Supreme Court gets a whack at the health care bill.  And something tells me that President Obama is biting his nails just now.


That’s because despite all of the optimistic comments from his friends and supporters in the legal community, there’s a very strong chance that Obamacare will be invalidated in at least one very important aspect: the individual mandate.  And that mandate is like the Alamo; if it falls, so does Texas a/k/a the Patient Protection and Affordable Care Act.

Some legal eagles would have you believe that there’s nothing wrong with forcing people to buy a product they might otherwise not want to purchase.  They compare it to the taxing authority of the United States.  In other words, they say, if you can tax someone and then use that money to provide for the “general welfare” (e.g. universal health insurance,) you should also be able to just cut out the middle man (Uncle Sam) and force we the bleating citizen sheep to buy our own insurance.


On the other hand, there are those of us who think that a little thing called the ‘commerce clause’ prevents Big Uncle from forcing us to purchase something, particularly where not purchasing it has absolutely no effect on interstate commerce.  The federal government has no right to regulate activities which are primarily ‘local’ in scope and nature.  Therefore, trying to make the necessary twists and turns to show that uninsured Americans somehow make their mark felt across state lines is dishonest, ridiculous and doomed to failure.


I guess we’ll just have to wait and see what happens in the next few months, just as the election cycle is spinning to its wild conclusion.  Hope the President upped his Xanax prescription.

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