By now you’ve probably heard that a federal judge ruled Obamacare is “unconstitutional” since it includes a mandate requiring citizens to purchase health insurance. But did you know the ruling includes a footnote noting that when Obama was on the campaign trail he opposed that very type of mandate?
On this point, it should be emphasized that while the individual mandate was clearly “necessary and essential” to the Act as drafted, it is not “necessary and essential” to health care reform in general. It is undisputed that there are various other (Constitutional) ways to accomplish what Congress wanted to do. Indeed, I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that “if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house.”
Politicians really hate when you remind them what they said on the campaign trail. I imagine they despise it even more when the reminder is included in a federal ruling overturning their prized legislation.
February 1st, 2011 | 9:40 am
You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price search online for “Wise Health Insurance” If you have health insurance and do not care about cost just be happy about it and trust me you are not going to loose anything!
February 1st, 2011 | 1:31 pm
Funny how conservatives aren´t screaming about “judicial activism”….
February 1st, 2011 | 2:38 pm
“Funny how conservatives aren´t screaming about “judicial activism”….”
If I read the news correctly yesterday, the law ruling that the entire law was unconstitutional was based on the absence of a severability clause, and Judge Vinson pointed this out after lauding the good intentions of the law and the need for health care reform. He appears to have made a technical, legal decision, not to have created law from the bench.
February 1st, 2011 | 2:39 pm
Sergio, This is exactly the opposite of “judicial activism.” It is not finding a new right (Roe v Wade) or a new federal power (any number of commerce clause cases) but is refusing to create a power to mandate purchase of insurance that is clearly NOT in the constitution.
February 1st, 2011 | 3:07 pm
One judge is undermining such a major piece of legislation and legislative work by means of a technicality. By means of another technicality they deny that this is judicial activism. Seems a bit dodgy.
February 1st, 2011 | 5:28 pm
It would still be better if we overturned this law entirely through Congress.
Too many of those who believe the Constitution is a “living document” simply do not understand what is wrong with “judicial activism”: they actually believe that judges rewriting the law to invent rights is supposed to be part of the process. (Hey, getting a legitimate amendment passed is *hard*!!)
February 1st, 2011 | 5:56 pm
Fred:
Well, it seems to me as a judge legislating (turning down an aproved law by the congress, on technicality). And no, I am not for Obamacare, it is just that I couldn´t stop wandering about double standards.
February 1st, 2011 | 9:01 pm
The courts have the constitutional right to review legislation, even if it has passed through congress. That’s not what judicial activism means. Judicial activism involves the creation of new rights and duties that are not in the Constitution, nor in any piece of legislation.
February 1st, 2011 | 11:11 pm
[...] not sure quite how to attribute this… I’m quoting Joe Carter over at the First Thoughts blog today, who is quoting Judge Roger Vinson’s ruling published Monday striking down the ObamaCare [...]
February 2nd, 2011 | 8:38 am
[...] on that topic, Mr Obama’s campaign rhetoric returning to bite [...]
February 2nd, 2011 | 8:40 am
[...] on that topic, Mr Obama’s campaign rhetoric returning to bite [...]
February 5th, 2011 | 8:33 pm
[...] Judge overturns Obamacare by quoting Obama. [...]
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