Calling the Law Office of Epstein & Yoo
Today I spent the day backwards, only just now getting to the newspapers, where my eye now falls on an editorial in the Wall Street Journal titled "Justice Needs More Time." "Last week," the editorial explains,
Administration lawyers motioned for a one-month extension in Florida district court, where 20 state Attorneys General and the NFIB, the small business association, are arguing that ObamaCare is unconstitutional....At the core of the suit is whether the Commerce Clause gives the government the power to compel all private citizens to buy insurance. "Requiring individuals to purchase something simply because they are alive is unprecedented," as NFOB president Dan Danner recently wrote...and if this individual mandate stands, the question is what remains of the Constitution's government of limited and enumerated powers.
Should they have a moment to spare from teaching their law school students to direct some instruction toward Ricochet, I'd like to ask professors Epstein and Yoo what they make of this. In particular,
a) Do they suppose ObamaCare is indeed unconstitutional?
b) Do they suppose the state Attorneys General and the NFIB have chosen the strongest grounds on which so to argue?
c) Regardless of their answers to a) and b), do they suppose we may entertain so much as the faintest hope that any court in the land would actually hold ObamaCare unconstitutional?
And, d), if not, what will remain of the Constitution's government of limited and enumerated powers?
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