Liberty Landed a Left Hook to the Health Care Bill yesterday, ruling it to be 'unconstitutional' with respect to the Commerce Clause. Many of us Conservatives have known this to be true, simply waiting for the rulings to come down the pike. Though we feel good today, basking in the victory, we should not rest easily. There is no telling what can happen with our Judicial systems.
Ultimately, it is undoubtedly now on path for a Supreme Court decision within the next year or two. The sooner the better, for a number of reasons. First, the longer we wait to strike this monstrosity down the more damage is done. Additionally, the longer the business community is paralyzed and will continue to sit on it's cash. Secondly, as it stands we will likely enjoy a 5-4 victory in the Supreme Court on the Constitutionality of the 'Law'. By waiting, we simply jeopardize that outcome as accidents happen. As a side note, Kagan should recuse herself due to her involvement before this appointment. I don't expect that she will.
The Virginia decision was very well reasoned and explained in the 42 page document. Ultimately, this legislation would open the door to unlimited State power to control the populous. Though this mandate and penalty (tax) are not enormous, the precedent cannot be allowed.
What if next time the fine is $2,000 or $10,000 or more? What if the enforcement is clearly outlined that criminal punishment would fall on those that don't comply? What if the mandate was for using certain light bulbs or not eating celery with every meal? As you see, this door simply cannot be opened. That is the
Road to Serfdom...
Again, this is a nice victory. Be clear, we have a long way to go. Even if the mandate is ruled unconstitutional by the Supreme Court, what we have left is a law remaining in effect without one of it's 'crutches'. This will spell the doom of the private insurance industry, forcing a public option and flocking people toward the Government for help...
My biggest fear is that this is by design... that's right. Think about it... when the system fails (and it will unless a full repeal happens) won't it be convenient to say, 'well, the judicial crippled any chance for success by stripping our mandate...' Is anything that this Administration does not part of some spooky Alinsky-esque plan? This just seemed too easy and clear cut, how could they have expected the mandate to be held up?