Victory! Hooray! Jump for Joy!
Those are the emails and blog posts that I’ve been reading from conservatives – exuberant about the ruling from Judge Vinson in Florida today.
As an opponent of the patient protection and affordable care act, I disagree with the happy thoughts – and am wary of the trojan horse that this and other rulings appear to be.
Here’s why – from Judge Vinson himself:
“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here,” [emphasis added]
In short? According to Vinson – and just about everyone else in the federal judiciary – the federal government does have authority to control, reform, and regulate the health care industry…they’re just going about it wrong.
This is seriously dangerous for those who believe that the founders’ constitution needs to be followed: every issue, every time, no exceptions, no excuses.
The feds are authorized to make commerce in health care (across state lines, that is) “regular” – that’s for sure. But this power is far less than anything that’s been proposed by either political party in….well, probably about forever.
Another option for people wishing for just a little decentralized freedom? State nullification of the federal health care law – every single word of it, as it should be.
UPDATE: Judge Napolitano has some excellent insight in the video below. A few points –
a) there’s no injunction, so absolutely nothing will change as far as federal enforcement.
b) much of the nasty stuff of the unconstitutional act will be enforced right now
c) the supremes likely will not even hear this case for another 3 years.
d) the result? My opinion – many opponents will sit back, breathe a sigh of relief, and stop their resistance because they believe the courts are protecting them.
Trojan horse is what I call it.
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