Unpacking the ObamaCare Ruling
You've already got Richard's Hoover column below, our joint appearance on the Ricochet podcast yesterday, and an hour-long analysis of the Supreme Court's ObamaCare decision on today's episode of "Law Talk." But for the constitutional law aficionado who needs everything, there's also my column out today at the Daily Caller, which reviews Chief Justice John Roberts' opinion and its misreading of the Constitution and national politics. A sample:
The court’s refusal to bless the idea of a limitless Commerce Clause restored the central constitutional principle that the federal government has only limited powers. But it is mostly a symbolic victory that does little to limit the growth of our massive, unaccountable administrative state. As the challengers to Obamacare admitted during the oral arguments at the court, no other federal law depends on reading the Commerce Clause to include inactivity. Put another way, every other federal law in existence remains constitutional even after Sebelius. The federal government will continue to grow, add more billions to our federal deficit every day and limit more private freedoms with more regulations.
- Comment (11)
- · Quote
- · UnfollowFollow (3)
Comments:
May '10
Re: Unpacking the ObamaCare Ruling
SInce the mandate in now a tax, what happens to the " waivers"?Don't taxes have to be applied equally to be constitutional?
May '10
Re: Unpacking the ObamaCare Ruling
kozak, great question! Waivers for all? Or none?
Apr '11
Re: Unpacking the ObamaCare Ruling
Robert's quote "It is not our job to protect the people from the consequences of their political choices."If this is true, then what exactly is the job of the Supreme Court? Is it to search far and wide to rationalize all statutes passed by every Congress as constitutional? Then, if necessary, leave it to the electorate to correct it? Why then do we need a Supreme Court?
Jun '10
Re: Unpacking the ObamaCare Ruling
It sucks. Although life is more than mere politics, the Supremes have made this week memorably forgettable.
May '10
Re: Unpacking the ObamaCare Ruling
Likewise, Kozak, how can Sebelius now still have flexibility in adjusting the definition of "mandatory minimum coverage", since every time she expands the minimum coverage requirement, she gives a tax increase to a new set of "noncompliant" individuals. Constitutionally, shouldn't such an increase require a further act of congress?
Aug '11
Re: Unpacking the ObamaCare Ruling
I just read your summary. It was a very clear report, devoid of motive and useless projection. Thank you, Mr. Yoo.
Apr '12
Re: Unpacking the ObamaCare Ruling
Thanks for being there for us when we need it, John.
I was reading the comments below your daily caller piece. There were two lines of argument by the liberals:
1. John Yoo is guilty of war crimes b/c he approved of torture.
2. John Yoo is a chinese supremacist.
That constitutes the opposition we have been losing to. We MUST stop feeling bad for liberals in the workplace, or wherever, and letting them get away with spewing stupidity without retort, or the present situation we're in will not improve. These people are so incompetent and intellectually vacuous that we could defeat them easily, if we were not hindered by ideas of "civility" and "respect."
Nov '10
Re: Unpacking the ObamaCare Ruling
After a long train of abuses and usurpations....
May '10
Re: Unpacking the ObamaCare Ruling
1. John Yoo is guilty of war crimes b/c he approved of torture.2. John Yoo is a chinese supremacist.Do you you think that the death penalty is too severe for people who can't distinguish Chinese and Koreans?
Apr '11
Re: Unpacking the ObamaCare Ruling
Could you cite the statute under which you are making this claim please. I'd like to read it.
You say he is guilty. That implies he has been convicted by some competent tribunal with jurisdiction. Could you reference the finding under which he was convicted since the only legal proceeding involving this question that I am aware of exonerated Yoo's actions completely.
Now, if all we are talking about here is your personal opinion, rest assured I will give it all the weight it deserves.
Aug '10
Re: Unpacking the ObamaCare Ruling
Herkybird
Could you cite the statute under which you are making this claim please. I'd like to read it.
You say he is guilty. That implies he has been convicted by some competent tribunal with jurisdiction. Could you reference the finding under which he was convicted since the only legal proceeding involving this question that I am aware of exonerated Yoo's actions completely.
Now, if all we are talking about here is your personal opinion, rest assured I will give it all the weight it deserves. · 7 hours ago
He was repeating liberal mantra in order to mock them for not distinguishing between Chinese vs Koreans.