Thursday, October 14, 2010
A Federal District Court judge in Florida today gave the green light to 20 states that are challenging the constitutionality of Obamacare. Obama's Dept. of Justice tried to dismiss the lawsuit primarily on grounds that Congress acted under its constitutional authority to impose and collect taxes. The exercise of said authority, of course, was disingenuously denied by Obama during the health care debate.
News that the lawsuit by 20 states can go forward is very encouraging, especially in light of the recent setback caused in a similar legal challenge by the Thomas More Law Center. Hopefully, the the judge in the 20 states lawsuit won't be the ideological hack that the judge in the Thomas More Law Center case obviously was.
On a side note, it seems that several Volokh Conspiracy blog contributors think Obamacare could be found constitutional under a Necessary and Proper Clause analysis. It's interesting from an academic standpoint, but in the end I think it requires a great deal of tortured logic for anyone to argue that the government may constitutionally force an American citizen to purchase and/or effectively pay for someone else's health insurance.