Monday, March 26, 2012

ObamaCare's day in court; What to expect at the most significant hearing since Brown v. Board of Education.

PJ Media  "Monday, March 26, 10:00 a.m. — The Court will hear 90 minutes of argument on whether a federal tax law bars any challenge to the mandate requiring all individuals to purchase or obtain health insurance. At issue will be the 145-year-old Anti-Injunction Act (AIA), which says:


No suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.
 "It will be a momentous week for the interests of liberty, freedom, and the preservation of a constitutional republic."

George Will column: Obamacare's contract problem  Under Obamacare, Congress asserted the improper power to compel commercial contracts. It did so on the spurious ground that this power is necessary to solve a problem Congress created when, by forbidding insurance companies to deny coverage to individuals because of pre-existing conditions, it produced the problem of "adverse selection" — people not buying insurance until they need medical care."
IJ correctly says that if the court were to ratify Congress' disregard for settled contract law, Congress' "power to compel contractual relations would have no logical stopping point." Which is why this case is the last exit ramp on the road to unlimited government. H/T to Rush Limbaugh for bringing this article to our attention.
Then perhaps, the government can force you to contract with a builder to upgrade your house, or to add insulation to the attic. Can they then force you to buy certain cars?


Obamacare Comes before the Supreme Court  "America waits for the Supreme Court to weigh the facts and the law, to consider the precedents and the policy, and to issue a decision that will have implications far into the future. Will Congress be limited by the Constitution, or will its authority expand beyond the limits that the Founders intended? Will Americans’ liberties stand? Will Obamacare fall? No matter the outcome of the Court’s ruling in June, Congress can and should act now to repeal Obamacare and rid the land of this intolerable act."


From Legal Insurrection: Obamacare Oral Argument – Day 1  "Via ScotusBlog, it does not appear that the Justices will buy into the administrations arguments, and will rule on the merits (caveat — oral argument questions and comments are not always a reliable indicator):"


From Judicial Watch:  Judicial Watch Asks Supreme Court Justice Elena Kagan to Directly Address Obamacare Recusal Controversy


From Liberty Counsel: The first issue to be argued today arises from the case of Liberty University v. Geithner  "Liberty Counsel filed the first private lawsuit against ObamaCare on the same day it was signed into law. This is the only pending case at the Supreme Court that challenges both the individual and the employer mandates. Liberty Counsel filed two amicus briefs with the Supreme Court, addressing both the Anti-Injunction Act and the Commerce Clause."

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