Hypocrisy & Law

A Really 'Big Deal'

Investors Business Daily Editorial -- Posted 12/13/2010 07:03 PM ET

Health Care: A federal judge ruled Monday that the mandate forcing Americans to buy health care insurance is unconstitutional. Is this the first step in the collapse of ObamaCare?

U.S. District Court Judge Henry E. Hudson, a 2002 George W. Bush appointee, said lawmakers went too far in the Patient Protection and Affordable Care Act when they included a requirement forcing those who are not otherwise covered to buy a health plan or pay a penalty.

He wrote that this individual mandate "exceeds the constitutional boundaries of congressional power."

Never have the courts, Hudson's 42-page opinion said, "extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market."

Wonderful!

I like it, and I’m sure that the conservative Authority! loves it, because it follows their own interpretation of the constitution. Strict construction of the constitution is what they want to see in a judge. If a law violates the constitution it should be struck down, they like to say.

But do you think they would approve of a judge strictly constructing the constitution by striking down laws which ban gay marriage as unconstitutional violations of equal protection of the law?

Not in a million years.

The law is what a court says it is until a higher court says otherwise.

The law is a crap shoot.