Allah is already Tweeting that we’re going to lose this, having lost Judge Silberman, a staunch Reagan appointee. Me, I’m not so sure. Silberman based his ruling on Wickard, and even the Administration had, in other venues, given up the particular line of argument that runs through an already overextended Commerce Clause.
Which is why it’s crucial that SCOTUS put this matter to bed — and that hopefully it does so based on a reading of the Constitution, which is (in my view) clear on the point that the individual mandate is anathema to the kind of system the founders and framers were putting in place, rather than by way of fishing around for some obliquely applicable precedent they can then pretend bears on their decision, which is what Silberman appeared to do, even as he admitted that their wasn’t really any precedent for this kind of expansion of government power.
Phil Klein sums up the court order this way:
This morning, the U.S. Supreme Court announced its decision to consider the legal challenge to the national health care law, brought by 26 states led by Florida, and the National Federation of Independent Business.
This is great news for opponents of Obamacare, because the case, which comes out of the 11th Circuit of Appeals, is the best briefed and best argued of all of the various legal challenges to the health care law. It’s the case that opponents of the law won at both the district court and appellate level.
In a very real sense, our entire country as founded is at stake with this ruling. If the government, through the courts, can grant itself the right to tell us what we must buy, it has essentially determined that our rights are not unalienable, but rather that they proceed from men and from the power exercised by the State and its consensus and reinforcement mechanism, the politicized High Court.
That the legality of this mandate is even in question suggests just how far from our founder’s vision we’ve strayed — and how far left we, as a society, have been pulled by the progressive influence on our institutions and in our courts.
Allah is the boss of them all: when Allah tweets, Muslims cower.
Silberman’s ruling boils down to (paraphrasing) “national problems require national solutions.”
The counter to that ought to be:
Our esteemed host wrote:
If someone could dig up James Madison and bring him back to life, he’d never recognize this place. Then again, he’d also never recognize the strange concept that the Supreme Court can declare laws passed by the Congress and signed by the President to be unconstitutional and invalid.
But the left really won’t mind if it’s declared unconstitutional: that way, all they have to do is wait until they get another Democratic president and Congress, and then they’ll pass single-payer, which is what they really want anyway. Since single-payer is paid through taxation, and it’s clear that taxation is constitutional, it would stand.
This morning I heard on NPR how Ayn Rand’s works have gone from initial obscurity to being a formative of everyday business in DC and thought: if only.
Oh, here:
In other words: we are the ones we have been waiting for!
That’s a Ganz Falsch kind of piece.
God willing, this is where Wickard goes the way of Plessy v. Ferguson.
Word. How this doesn’t incur outrage incarnate on at least a few levels baffles me. Are we that mentally weak? That craven; that envious; that gullible to myth and PC and the lie?
Just in case
Carmichael-Hemperly Funeral Home
Tomorrow 2:00-4:00 and 6:00-8:00
Funeral is Wednesday @2:00pm.
If you’re in the area you are welcome.
And if you make a donation to the Alzheimer’s association in Becky’s name, I promise I’ll pray and mean it.
That’s in Peachtree City, GA
I think this is true. The Democrats are trying very, very hard to emulate the villains of “Atlas Shrugged”.
Donald, I missed this news, but I’m so sorry. This was your wife? Gosh, prayers going your way.
Yes maam
I am so sorry. I’m hit and miss on the weekends with the busy, and I just went back to see what I missed. I am so very very sorry. She was way tooo young.
Was it complications from surgery – you mentioned an accident.
I’m also horrible with the words. My bil lost his wife a few months back, and she was young too.
If the government, through the courts, can grant itself the right to tell us what we must buy, it has essentially determined that our rights are not unalienable, but rather that they proceed from men and from the power exercised by the State and its consensus and reinforcement mechanism, the politicized High Court.
Then we’d all be “commerce”, and there wouldn’t be anything that’s “not commerce”, except of course for our Commie Gods. Everyone has and needs thoughts, so we’d have to pay to get some thoughts out there and fairly redistributed, and some thoughts not. Which I hear is getting very expensive and even a “national problem”.
“National Thought Care!”
The alleged “National problems” need to be decided by the Market under Constitutional Capitalism and the Constitution’s limitation of Government size and intrusion, via its concepts of Liberty and the other inherent protected freedoms and rights of Individuals, and not by the increasingly centralized Federal Gov’t, which now almost always is the problem. Or is massive debt, etc., corruption, incompetence, congentital stupidity, and the institution of “perception is reality” “truth” on the part of our self-anointed Totalitarian Saviors a “solution”?
Kissinger , writing on a biography of George Kennan, says of Kennan’s Foreign Affairs classic:
How strange that the citizens of the United States should find themselves once again placed in this position, having to throw up walls of containment in expectation of the eventual implosion of a corrupt and rotting socialist government, save in the present circumstance with regard to their own political order? Hideously strange, I think.
No. She fell.
And I wasn’t here to save her.
Anyone is (still) free to try and talk me out of this, but I’ve been finding it increasingly difficult to avoid reaching the conclusion of “two-state solution.”
Donald, I like to think that Becky has forgiven you for all of your transgressions, real and imagined. And that she would prefer not to watch you beat yourself up too much.
Maybe that’s presumptive of me to say. I hope I don’t offend.
Raaaacist! Plus, one state needs the other as its Slave.
I believe we lost the country with Wickard, but it took time for “Government uber alles” to be fully implemented. It has taken a long time for enough people to become aware of it. If SCOTUS uses this to overturn Wickard then it has taken a significant step to return the country to its founding principles. If not, well, at least a few more people will become aware of just how far down the rabbit hole we have already gone. So, we got that going for us.
Donald, I wouldn’t be able to make the viewings or the funeral, but I’ll make an Alzheimer’s donation.
[…] awarded to Jeff Goldstein, guardian of the Protein Wisdom, for his succinct explanation of why the Supreme Court’s decision on will be so important for the future of The American […]
In a very real sense, our entire country as founded is at stake with this ruling. If the government, through the courts, can grant itself the right to tell us what we must buy, it has essentially determined that our rights are not unalienable, but rather that they proceed from men and from the power exercised by the State and its consensus and reinforcement mechanism, the politicized High Court.
I’m so using this.
An obituary for donald’s wife.
Thank you John. I am grateful.
[…] So far this was a doctrine of equilibrium much like what a British foreign secretary in the 19th century might have counseled in dealing with a rising power — though the British foreign secretary would not have felt the need to define a final outcome. What conferred a dramatic quality on the X article was the way Kennan combined it with the historic American dream of the ultimate conversion of the adversary. Victory would come not on the battlefield nor even by diplomacy but by the implosion of the Soviet system. It was “entirely possible for the United States to influence by its actions” this eventuality. At some point in Moscow’s futile confrontations with the outside world — so long as the West took care they remained futile — some Soviet leader would feel the need to achieve additional support by reaching down to the immature and inexperienced masses. But if “the unity and efficacy of the Party as a political instrument” was ever so disrupted, “Soviet Russia might be changed over night from one of the strongest to one of the weakest and most pitiable of national societies.”Source: proteinwisdom.com […]
“And if you make a donation to the Alzheimer’s association in Becky’s name, I promise I’ll pray and mean it.”
Donald,
Made a donation to the Alzheimer association via the CFC campaign at work. No way of dedicating it but between you, me and UCOM the inspiration is clear.
Make sure you check in often so we know you’re ok.
You tracking me, Mr? ;)