Comments on: Florida Ruling Affirms Federal Power over Health Care.

By: Mark Kreslins

Mark Kreslins — Tue, 01 Feb 2011 15:50:46 +0000

Michael, I share your concern here. Conservatives celebrated the "victory" but was it really as big as we'd like? Not in my view either. Making "regular" and "regulation" are two very different notions in the exercise of federal power. People’s jubilation shows that we have a very long way to go in our understanding the limits of federal power.

By: DerekSheriff

DerekSheriff — Tue, 01 Feb 2011 14:17:54 +0000

If when Judge Vinson said, "..without doubt Congress has the power to reform and regulate this market.", he meant what you wrote — that, "The feds are authorized to make commerce in health care (across state lines, that is) 'regular'", then OK. It would also seem that Congress would have the authority to repeal federal statutes that restrict entry into the practice of medicine. But either way, states don't need no stinking permission to reject unconstitutional regulations.

By: MichaelBoldin

MichaelBoldin — Tue, 01 Feb 2011 03:12:31 +0000

Sure, maybe, but the bar is pretty low there….

In some ways, I think it actually is worse than nothing – I mentioned why in a brief update to the post above…

By: Wakefield Tolbert

Wakefield Tolbert — Tue, 01 Feb 2011 02:18:41 +0000

It's better than nothing at the mere moment, Philo, but I have to agree with the article that the overall reasoning here is very troubling. I'd like to see an angle where we declare that NO government agency at any level has such regulatory power, unless the judge meant some umbrella of protection like setting certain groundrules as it does in many other kinds of businesses where there are transactions across state lines. This is inevitable.

After all, the conservative proposals involve expanding the competition of health care insurance providers via exactly the mode of customers purchasing such across state lines, something which has been restricted, for the most part, for most people.

By: Philosopherking

Philosopherking — Tue, 01 Feb 2011 01:10:08 +0000

Its better than nothing….

By: Amadeus

Amadeus — Tue, 01 Feb 2011 00:47:07 +0000

From the decision: "Declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . . since it must be presumed that federal officers will adhere to the law as declared by the court. " It sounds like they will have to stop implementation now, which is certainly a good thing. Definitely agree about the judges creepy remarks on the idea that Leviathan has the authority to regulate healthcare though.

By: JAXTAC

JAXTAC — Mon, 31 Jan 2011 22:05:58 +0000

Great insights Mike. Thanks