Hypocrisy reigns supreme with regard to this story. Judge Henry Hudson, ruling against the bill, is a Bush 43 appointee. Judge Roger Vinson, with the most extension review of the constitutional circumstance, is a Reagan appointee from 1983. He decided against the bill, as well.
Compare the word count concerning these decisions **. With the first two rulings, the media had made a determination to keep the story on the down low. But, then, a judge actually ruled against them. "Down low" was no longer an option. And the media slander machine began to work its magic. With the second decision against ObamaCare (Judge Vinson), it became obvious that the Marxist Media needed to kick their slander mills into high gear, and that is what they have done. Within the week, we expect to see the word count on the Vinson ruling to be somewhere in the neighborhood of 5,000 words or more.
Midknight Review is thinking that the four rulings are not partisan but, ideological, in nature and scope. The difference between liberal judges and conservatives is their view of the Constitution and its defining role as to the size, purpose and roll of central government. We live in an American system of jurisprudence that allows for two sovereign powers, the several states and the central government. There has always been those who lean toward one "sovereignty" or the other; big government folks versus the federal system of states. Since the 1960's, the big government progressivism of the distant past has been redefined by Marxist thought. The Liberal side of the perpetual debate has morphed from an in-house progressive agenda to a one world social redistributionist form, giving honor and status to those whose philosophies have proven to be antagonistic to the American system.
I thought we would have this ideological battle over the private ownership of guns. Instead, the defining battle concerning the two conflicting ideologies has centered itself in the Obama plan for a fundamental transformation of this nation.
** Note the word count and associated attention given to the preferred rulings versus the resented decisions of Hudson and Vinson.
Washington Post
* Steeh ruling (pro-reform): A2, 607 words
* Moon ruling (pro-reform): B5, 507 words
* Hudson ruling (anti-reform): A1, 1624 words
* Vinson ruling (anti-reform): A1, 1176 words
New York Times
* Steeh ruling (pro-reform): A15, 416 words
* Moon ruling (pro-reform): A24, 335 words
* Hudson ruling (anti-reform): A1, 1320 words
* Vinson ruling (anti-reform): A1, 1192 words
Associated Press
* Steeh ruling (pro-reform): one story, 474 words
* Moon ruling (pro-reform): one story, 375 words
* Hudson ruling (anti-reform): one story, 915 words
* Vinson ruling (anti-reform): one story, 1164 words
Politico
* Steeh ruling (pro-reform): one story, 830 words
* Moon ruling (pro-reform): one story, 535 words
* Hudson ruling (anti-reform): three stories, 2734 words
* Vinson ruling (anti-reform): four stories, 3437 words
Let me cut to the chase. Congress has ample power and precedent through the Constitution’s “Commerce Clause” to regulate just about any aspect of the national economy. Health insurance is quintessentially an economic good, as Bill Frist (who supports the mandate) has explained through his extensive experience in the field. The only possible objection is that mandating its purchase is not the same as “regulating” its purchase, but a mandate is just a stronger form of regulation. When Congressional power exists, nothing in law says that stronger actions are less supported than weaker ones.
ReplyDeleteThe Constitution protects individual autonomy strongly only when “fundamental rights” are involved. There may be fundamental rights to decide about medical treatments, but having insurance does not require anyone to undergo treatment. It only requires them to have a means to pay for any treatment they might choose to receive. The liberty in question is purely economic and has none of the strong elements of personal or bodily integrity that invoke Constitutional protection. In short, there is no fundamental right to be uninsured, and so various arguments based on the Bill of Rights fall flat.
Several Republicans including Orin Hatch, Tommy Thompson, Mitt Romney, and John McCain were for the mandate before they were against it.