|
||
Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! ![]() ![]() ![]() Recent Entries
Daily Tech News 2 April 2023
Saturday Overnight Open Thread (4/1/23) Saturday Evening Movie Thread 04/01/2023 [TheJamesMadison] The Weekend Hobby Thread Ace of Spades Pet Thread, April 1 Saturday Gardening, Puttering and Adventure Thread, April 1 Newsom Nightmares Saturday Morning Coffee Break & Prayer Revival EMT 4/1/23 Daily Tech News 1 April 2023 Absent Friends
westminsterdogshow 2023
Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 Cutting The Cord And Email Security
NoVaMoMe 2023:
06/10/2023
Details to follow |
« Did The Egyptian Army Just Seal Mubarak's Fate? |
Main
| All GOP Senators Have Now Signed Up As Cosponsors of S. 192, ObamaCare Repeal »
January 31, 2011
BREAKING: Federal Judge Throws Out ObamaCare![]() BANG. (link updated) "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void" This is the 20 something state lawsuit that was argued in the Northern District of Florida federal court. As I noted on Twitter...it's hard to get too excited about this because nothing matters in the federal courts until Anthony Kennedy flips his magic coin but tossing out the whole law is a big, big boost politically for advocates of repeal. Via Gabriel...here's the PDF of the decision. From the decision: It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting --- as was done in the Act --- that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.
That challenge argued that ObamaCare violates the spending clause by imposing an involuntary expenditure on the part of the states, in violation of their sovereignty. While Medicare is supposedly a voluntary program, in fact taxes are collected from states' citizens involuntarily, so the "choice" a state has is either to comply with the federal law or give up all those billions taken from their taxpayers. That, Barnett's objection states, makes a fiction of the claim that the program is "voluntary" as we typically use the word. But this judge, unfortunately, finds against that claim. He notes that this is not really an issue ripe for summary judgment (which must be rendered on the law alone, not on any facts which must be discovered at trial), but also cites a welter of opinions calling Medicare "voluntary" and says the plaintiff's argument is "weak." He then grants the defendants (the feds, Obama) summary judgment on that issue, deciding that the law is clear, Medicare is supposedly "voluntary" even though it's clearly not. Question: What's hotter than this decision? Answer: A video of Megyn Kelly reading this decision on the air. Correction: Drew tells me the second argument is about Medicaid expansion, not Medicare expansion, as I wrote. Actually I didn't even write that. I invented some new program called like "Meidcare." Judge Cites... The Boston Tea Party for Purposes of Analogy: Dave Wiegel is making hay over this: It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting --- as was done in the Act --- that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be “difficult to perceive any limitation on federal power” [Lopez, supra, 514 U.S. at 564], and we would have a Constitution in name only. Surely this is not what the Founding Fathers could have intended. See id. at 592 Wiegel cracks "subtle!" as if there's something wrong with citing an event crucial to our nation's definition of freedom, simply because some people with political might today also noticed that that even was crucial to our nation's defintion of freedom. Does Wiegel think there's anything wrong with citing liberal-leaning analogies in liberal opinions? | Recent Comments
Puddleglum at work:
"The F1 live timing and scoring appears stuck. I th ..."
Puddleglum at work: "Hi Skip I checked online. A crash. Weather look ..." Skip : "Sounded like a plane buzzing my house ..." Skip : "Everyone better pick a side, Leftism is join or di ..." Skip : "More carnage in Australia but can't tell what's go ..." Adriane the Golden Oldies Critic . . . : "[i] https://youtu.be/hIqwzQ7g-Cc [/i] Holy Cow, ..." Debby Doberman Schultz: "Good night, Horde, I need to be up early. Thanks f ..." RickZ: "[i]Everybody MUST get stoned! Posted by: Bob Dy ..." Some rando on the net: "Donald Trump raised four million dollars after the ..." Cindi Lauperseeder: "Time after Time ..." Bob Dylan: "Everybody MUST get stoned! ..." Berserker-Dragonheads Division : "If I won the lottery, well I would buy several of ..." Recent Entries
Daily Tech News 2 April 2023
Saturday Overnight Open Thread (4/1/23) Saturday Evening Movie Thread 04/01/2023 [TheJamesMadison] The Weekend Hobby Thread Ace of Spades Pet Thread, April 1 Saturday Gardening, Puttering and Adventure Thread, April 1 Newsom Nightmares Saturday Morning Coffee Break & Prayer Revival EMT 4/1/23 Daily Tech News 1 April 2023 Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |