Support First Things by turning your adblocker off or by making a  donation. Thanks!

First, Virginia’s lawsuit brought against Obamacare’s mandatory insurance purchase provision was allowed to proceed to trial.  Now, a dfferent judge has indicated that parts of a seperate lawsuit brought against the Federal Government by 20 states about the same provision will be also go forward.  From the story:

 A federal judge said Tuesday he will likely dismiss only parts of a lawsuit by 20 states challenging the Obama administration’s health care overhaul as unconstitutional, though he didn’t specifically say what portions.  The Obama administration had asked U.S. District Judge Roger Vinson to dismiss the entire lawsuit. The states and the administration disagree over whether people should be required to have health insurance, and whether states should pay additional Medicaid costs not covered by the federal government. The judge said he will issue a ruling by Oct. 14. The lawsuit is likely to wind up before the U.S. Supreme Court.

This is an important case beyond Obamacare. At issue is whether the commerce clause in the Constitution is so sweeping and all encompassing that the Feds can force citizens to engage in commerce.  I think not. 

Ironically, I think a single payor plan would be constitutional under the government’s power to tax, while no one would be forced to sign up, like Social Security or Medicare (other than Part A, which is automatic).  But requiring everyone to buy a private insurance policy—at the risk of a penalty—isn’t a  tax (even though the Obama people now lamely say it is)—it is forced commerce with a punishment for failing to obey.  I think—I hope—the Supremes will throw down the penalty flag.

00 Days
00 Hours
00 Minutes
00 Seconds
Dear Reader,

Your charitable support for First Things is urgently needed before the clock above hits zero.

First Things is proud to be a reader-supported enterprise, and the Spring Campaign is one of only two major reader giving drives each year. It ends on June 30 at 11:59 p.m.

Your gift will fortify First Things to speak boldly on behalf of religious voices in the public square ahead of a pivotal season for our nation and the church.

Please give now.

Make My Gift

Comments are visible to subscribers only. Log in or subscribe to join the conversation.

Tags

Loading...

Filter First Thoughts Posts

Related Articles