That's what some Clinton-appointed liberal activist hack in a black robe has decided.
Kerem Oner at American Thinker discusses:
U.S. District Judge Norman K. Moon - a Bill Clinton appointee - in Lynchburg, Virginia, became the second judge to uphold the constitutionality of the insurance mandates of the new federal healthcare law. The suit that was brought by Liberty University essentially argued that the mandate to buy insurance or to pay a penalty was not a proper exercise of congressional authority under the Commerce Clause of the U.S. Constitution.
In his opinion, Moon wrote, "there is a rational basis for Congress to conclude that individuals' decisions about how and when to pay for health care are activities that in the aggregate substantially affect the interstate health care market."
Under this rationale, everything we do or refuse to do under the sun can be regulated by the government using the Commerce Clause argument.
Exactly! Once the precedent has been set that authoritarian leftist judge can force you to buy anything based on the twisted, tattered, chewed up and spat out Commerce Clause, it's over, people. It's over.
As anyone who has been following the legal twists of this saga knows, even the Obama administration had started to give up on the Commerce Clause argument due to its weakness and was starting to focus on the government's ability to tax as the enabling constitutional argument to defend the law. Apparently, Judge Moon is so partisan that, as a legal scholar, he could not even see past the foolishness of using the Commerce Clause as the proper constitutional argument behind this legislation.
This opinion is just the latest mockery of what our founding fathers would have envisioned our justice system to be. Let's hope that the judges in subsequent cases as well as the Supreme Court have a better understanding and more respect for our Constitution.
I'm tired of hoping. There needs to be more doing.
Ed Morrissey at Hot Air adds:
The rule of law in this nation has usually been based on acts of commission, not acts of omission (with some notable exceptions, such as refusing to pay taxes). Refusing to take part in a market, or to use the court’s construct, choosing when to participate in that market, has suddenly become a federal jurisdiction. It’s even more interesting when considering the fact that Congress had barred interstate commerce in health insurance, which is one of the reasons we have some states with few insurance choices for consumers.
Yup, yup, and yup.
If there's any more proof that the inmates have truly taken over the asylum, I'd sure like to see it. Make no mistake: As illustrated by way too many court decisions before, the Constitution is nothing other than what some leftist busybody in a black robe believes it is. It is dangerous and tyrannical. And I for one am sick of it. This judge needs to be disbarred, disrobed, and dismissed.
Welcome to the future suckers!
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