Monday, December 13, 2010

Judicial Activism At Work

http://www.huffingtonpost.com/2010/12/13/health-care-lawsuit-ruling_n_795807.html

A Federal Judge in Virginia has ruled that the Obama Administration's Health Care Law is unconstitutional. The issue: the requirement in the law that all Americans purchase Health Insurance. Now, while I'm not a fan of the individual insurance mandate, I've long been curious: if states can require everyone to carry proof of auto insurance, why can't we be required to carry health insurance?

Somewhere, someone intelligent who is a fan of things like socialized medicine will twig to this and file their own lawsuit. And then, after years of litigation, I'm sure the Supreme Court will eventually decide that if you can mandate one, you can mandate the other or if you can't mandate one you can't mandate the other… unless I'm missing some legal niceties here, which is entirely possible.

(Special double bonus: all of the Judges to rule against this law have thus far been Republican appointees. All the ones to rule in favor were Democratic ones. How's that for judicial activism?)

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