Sixth Circuit Lays An Egg
Today, the Sixth Circuit upheld the constitutionality of Obamacare. It's a very disappointing decision, to say the least, because the three-judge panel was thought to be sympathetic to the arguments against the law.
The ruling is here. I haven't read it yet, but the Court's reasoning appears badly flawed, judging by an analysis by Carrie Severino at NRO. The majority of the Court rejected the idea that Obamacare takes the unprecedented step of regulating inactivity because it "regulates individuals who are, in the aggregate, active in the health-care market" (emphasis added). Thus, it sorta, kinda regulates "activity" and is therefore within Congress's power to regulate "commerce." This is the sort of "good-enough-for-government-work" argument specifically criticized by one of the anti-Obamacare attorneys, Mike Carvin.
On the bright side, it was not a unanimous decision. There was a lengthy dissent by Judge Graham on the Commerce Clause issue that appears to be quite strong, concluding (I always skip ahead to the end) with the statement that the individual mandate is such a seismic shift in constitutional law that it can only be "legitimately" accomplished via constitutional amendment.
- Comment (8)
- · Quote
- · UnfollowFollow (1)
Comments :
Jul '10
Re: Sixth Circuit Lays An Egg
By the way, a George W Bush nominee voted in the majority.
Aug '10
Re: Sixth Circuit Lays An Egg
"In the aggregate"? So we're officially tossing out the concept of individual rights then?
The quote doesn't get any better when taken in its paragraph's context. It looks like they were trying to pass a rational basis test to convert non-economic activity into something Congress was allowed to regulate under the Commerce Clause.
I don't know enough about the Raich case mentioned, but when the decision says it provides this test:
...then I have to think something went really screwy with Commerce Clause jurisprudence before Obamacare ever hit the courts.
Aug '10
Re: Sixth Circuit Lays An Egg
I have to agree with this partial dissent on the last page:
"If the exercise of power is allowed and the mandate upheld, it is difficult to see what the limits on Congress’s Commerce Clause authority would be. What aspect of human activity would escape federal power? The ultimate issue in this case is this: Does the notion of federalism still have vitality?
To approve the exercise of power would arm Congress with the authority to force individuals to do whatever it sees fit... Such a power feels very much like the general police power that the Tenth Amendment reserves to the States and the people. A structural shift of that magnitude can be accomplished legitimately only through constitutional amendment."
Aug '10
Re: Sixth Circuit Lays An Egg
It is a sad, terrible, and grim day. But we know it's headed to the Supreme Court in any case, right?
Re: Sixth Circuit Lays An Egg
River, yes it's headed to the Supreme Court no matter what. But this decision could provide intellectual cover for Justice Kennedy if he wants to uphold Obamacare. As Kenneth points out, the majority in the 6th circuit decision includes a supposedly conservative judge.
Oct '10
Re: Sixth Circuit Lays An Egg
Sadly, the Commerce Clause has been so abused that is meaningless. Quite literallly by current definition, if one engages in home gardening for personal consumption you are in violation of the Law. Everyone should know the case that turned the tide, or rather, opened the door.
Aug '10
Re: Sixth Circuit Lays An Egg
Of course the ruling is a steaming pile of crap. We can't expect federal judges to limit the reach of the federal government. The Federal courts have granted the Federal government unlimited powers and until we understand that fact we won't take the necessary steps to limit the powers of the National government.
Jan '11
Re: Sixth Circuit Lays An Egg
Anyone in the market for a slightly used Bill of Rights? Seems to be for sale.