It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted.
-Judge Roger Vinson in the Florida Obamacare Case.
I think my pants just flew around the room.
Ha. Yea. I just put that over at the H2.
Present score tied at two-all. It is in the hopper for the Supremes to decide sometime in the future.
Still, the strength of the argument that Obama’s fantasy is un-constitutional is steadily growing.
They’re trying to wait for a justice to retire. There are 4 who will vote any way the left says.
The sooner this is heard by the USSC, the better.