Thursday, December 16, 2010

Health Care Law Unconstitutional

A federal judge ruled that the health care reform law is unconstitutional. I’m waiting for Fox News to howl about “activist judges”. Haven’t heard it yet.

1 comment:

Perplexio said...

Of course they won't. The part that is unconstitutional is the part of the reform law that requires purchase of health insurance. It violates the commerce clause of the Constitution which protects against the state forcing private citizens to purchase items in the private sector.

I believe the way they get around this with auto insurance is that it's not a federal but 50 different state laws and the Constitution does allow for individual states to enact laws that go beyond the Fed's jurisdiction.

Basically the Feds can't force us to buy health insurance... that's not to say the states can't. There are of course ways around this-- back in the 80s many states enacted seat belt laws at the strong suggestion of the feds... Basically states were told they wouldn't get X amount of dollars from the Federal government if they didn't put into effect seat belt laws. I wouldn't be surprised to see a similar tactic used with this issue.

Being a strict Constitutionist, I actually support the ruling as I do find it to be an overreaching of federal law. I think in the end much of the federal health care reform law WILL end up being overturned but eventually all 50 states will follow Massachusetts lead and enact their own different versions of "Romneycare." And THAT is completely Constitutional as the Constituion does grant that right to the states.