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March 16, 2012

Obama Moving to Necessary and Proper Clause To Justify ObamaCare

Throwin' a lot of shit at the wall, seein' what sticks.

The shift moves the focus of Justice’s argument from the Commerce Clause of the Constitution to the Necessary and Proper Clause, which says Congress can make laws that are necessary for carrying out its other powers.

The briefs give a long history of failed efforts to expand healthcare coverage and say the new law’s purpose was to reform the overall system.

“The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the merits of the mandate.

"Reforming the interstate market in health insurance?" There is no such market, by law; states require insurance to be purchased from an in-state provider. A one or three line bill could create such a market.

Such efforts haven't "failed." They've never been attempted. This is their new justification for creating new powers of the state, and stripping away further freedoms from citizens?

That said, this seems too big to me. I feel like the Court will punt or bless it, because they tend not to make such big waves.

But then, Heller vs. DC. They do have some big opinions in them.

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posted by Ace at 11:55 AM

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