By Douglas V. Gibbs
I have some good news, and some bad news. Good news first.
Federal Judge Vinson in Florida has struck down Obama's health care government takeover. In the ruling, the Judge declared the entire health care law unconstitutional because, as he noted, the individual mandate was not severable from the rest of the law. The ruling stated that the inactivity of not buying health insurance is not an “economic activity” that Congress has the power to regulate under the Interstate Commerce Clause. Judge Vinson's finding that the health care law lacks a severability clause, which means that since a major provision like the individual mandate is unconstitutional, means that the whole law must be struck down.
The bad news is when ruling on the constitutionality of a law, according to the U.S. Constitution, repeal or modification of the law must be done legislatively.
Ultimately, the case will work its way to the Supreme Court, and the highest court of the land does have constitutional authority to hear the case, and rule on it. But, if the law is found to be unconstitutional, such a ruling is only an opinion. The court cannot strike down the law. All legislative powers at the federal level, as per Article I, Section 1 of the U.S. Constitution, belongs to the U.S. Congress.
This is not to say that the courts finding Obamacare unconstitutional is a waste. With that kind of attention, the States will be more encouraged to nullify the law as the Congress works to repeal it.
-- Political Pistachio Conservative News and Commentary
Florida Ruling Requires Government to Stop Implementing Obamacare - Cato Institute
US judge says Obama's entire health plan unconstitutional; case destined for Supreme Court - Orlando Sentinel
Obviously this will eventually go all the way to the Supreme Court, but the scholarly ruling by Judge Vinson was well crafted and a real boost to overturning the law. Actually, you now have to say it HAS been overturned, in its entirety, and only a successful series of appeals can save it, absent Congressional action.
ReplyDeleteBut.. but.. Doug says the Supreme Court doesn't have the authority to "overturn" anything!
ReplyDeleteOf course.. Doug has said it's quite okay for a judge to strike down a law as long as it's a law he disagrees with..
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No, Tom, that is not true. . . the judges do have the right of an opinion, but the law is the law, and can only be repealed legislatively. Other judges can act accordingly now that the health care law has been deemed unconstitutional, but the law remains in force until it is legislatively repealed. That is what I wrote. I am not too fond of judges, but if this decision helps halt the law, I am all for it. . . but, it does not technically strike down the law.
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