Wednesday, December 1, 2010

Two Up; Two Down -- Two To Go: Mr. Obama's Healthcare Reform Law Held Constitutional

More in a minute. Here is Kevin Sack, for the New York Times, reporting on the now 2-0 record of healthcare reform in the federal trial courts. Only two serious federal challenges remain. The one remaining in Florida -- with the most conservative judge of the four overseeing it -- will be the one to watch.

Here is a bit of the Times' story -- do go read it all:

. . . .Federal District Court Judge Norman K. Moon holds law constitutional, despite Liberty University's complaints, in 54 page opinion.

Judge Moon rejected the argument by plaintiffs around the country that the Commerce Clause of the Constitution does not empower Congress to require Americans to buy a commercial product like health insurance. To do so, they argue, would amount to the regulation of inactivity.

In disagreeing, Judge Moon embraced arguments made by the Justice Department. "Far from ‘inactivity,’" he wrote, "by choosing to forgo insurance, plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance. . . ."

Indeed -- and exactly as I've repeatedly predicted. Here is a link to the 2.4 Mb PDF file -- of his carefully laid out 54 page opinion.

For the record, I continue to hold that this will reach the United States Supreme Court's docket without any lower court entering an order enjoining its currently ongoing and unfolding implementation. It is a simple fact that Congress has the power to tax all citizens. And make no mistake -- the law's 2014 insurance requirement is framed as a tax. Game effectively over. But do stay tuned. [Older background on my views of the legal challenges.]

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