Tag Archives | Lawsuits

States Rights vs. Federal Law

By on April 13, 2010 in Law, State Sovereignty
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Don’t Put Your Faith in the Courts

By on April 6, 2010 in Health Care, Judiciary

Here’s a little more, as follow up to my last post, on why the courts just aren’t where we should put all our faith in the idea of getting rid of Obamacare. Here’s Randy Barnett at Cato @ Liberty – who knows a thing or two about how the courts don’t care much about the original meaning of the commerce clause, for example:

Now that the Obama health plan is law, more than a dozen states are asserting that Congress has exceeded its Commerce Clause power in imposing a mandate on individuals to purchase health insurance from private companies. No doubt, individual citizens will challenge the individual mandate on their own behalf.

States are also asserting that the threat to withhold all Medicaid payments if the states do not set up health insurance exchanges and enact other regulations amounts to coercion and unconstitutional commandeering of states by the federal government.

No one who opposes ObamaCare should put their faith in the Supreme Court to strike down an act of Congress, no matter how unprecedented and unconstitutional it may be. Nor should those who support ObamaCare be confident that the Supreme Court will uphold these provisions.

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Lawsuits are a Distraction

By on April 5, 2010 in Health Care, Law

Jon Roland of Constitution.org had this to say about the lawsuits that AGs are filing on the health care bill

There are a few minor things that might be won through litigation, if it were properly pleaded, but the suit filed is incompetent, little more than political posturing. The courts are not going to oppose the political branches on anything important. They are too weak for that. In the meantime the political branches are happy for people to blame the courts when it is they that are the main problem.

I agree. What do you think?

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