Within minutes of President Barack Obama signing health care reform into law, the attorney general of Virginia (and maybe 13 other states) will file suit against the United States of American to block imposition of the mandate as being unconstitutional. The basis for this suit will be that the federal government has exceeded its authority under the commerce clause. I stand with the Virginny AG.
The argument that Congress has applied the commerce clause with Hamiltonian abandon such that it covers everything short of a dirty look between spouses under some ill-conceived theory that the air molecules moving through the lungs of Americans originated in some foreign state has long been troubling. Virginia says it’s unconstitutional. I do too.
No particular reason to mention at this moment that if Virginia prevails, every federal criminal law and regulation enacted within the past 50 years is also unconstitutional.
Orin Kerr, who is considering a new career as an oddsmaker in Vegas, figures that the chance of the Supreme Court holding health care reform unconstitutional is 1%. Maybe Mr. Negativity needs a little Vegas sunshine to shake off that Washington pallor. Forget the odds, Virginia. Go for it. Stand up to those usurpers in Washington. Don’t let them tell you that you can’t win.
Go Virginia! Fight, Fight, Fight!
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We are already so far down the slippery slope that the establishment’s labors must now be bent on behalf of continuing the tumble, lest the elephant in the room (we were wrong) suddenly become visible to everyone.
Mmmmm, mixaphors.
The time I’ve heard an exchange as to the limits of the Commerce Clause since last school was last night’s between the VA Attorney General and Greta Van Sustere. It was refreshing to hear the AG muster an argument the likes of a 2L sitting down the row from you in class.
Amen. Less government, less laws.
Hi- I am confused! Is this meant to be sarcastic?? Do you really think all the criminal laws are invalid?
More ironic than sarcastic. The same commerce clause spread that has justified federal intrusion into what were historically state crimes similarly justifies the argument that health care reform is constitutional under the commerce clause. As Sinatra sang about love and marriage, you can’t have one without the other.
You think SCOTUS couldn’t find a way to invalidate this via commerce clause, and still keep all the other garbage intact?
Of course they could, so keep your voice down so no one thinks of it.
Good thing only the spammers read SJ, hunh?
More money in it than academia.
Orin the Greek?