Unlike Judge Henry Hudson in Virginia, who also found ObamaCare to be unconstitutional, Judge Vinson addresses the Administration’s fallback argument that the Constitution’s Necessary and Proper Clause justifies the law even if the Commerce Clause doesn’t. He writes that this clause “is not an independent source of federal power” and “would vitiate the enumerated powers principle.” In other words, the clause can’t justify inherently unconstitutional actions.
Did it really take all this hassle and division and power-grabbing to come around to a ruling that amounts to a 7th grade civics lesson? And the ruling, in favor of 26 states, was only 78 pages long, not 2,300!
Apparently for the Constitutional-Scholar-In-Chief, it’s time for some “judicial review” of the basic principles of the Constitution. And brevity.
- Should Health Reform Supporters Worry about the Vinson Ruling? (alternet.org)
- Florida Judge Declares Healthcare Law Unconstitutional (usnews.com)
- The Weak Link in Judge Vinson’s Opinion Striking Down the Mandate (volokh.com)
- Florida Judge Ruling a Setback for Health Overhaul (online.wsj.com)
- Florida Judge Rules Against Health Law (online.wsj.com)
- “FL Federal Judge Rules Individual Mandate Unconstitutional, Strikes Down Health Bill” and related posts (talkleft.com)
- Obamacare Meets Its Death Panel (redstate.com)
- Federal Judge Rules Health Reform Unconstitutional (swampland.blogs.time.com)
- ObamaCare Held Unconstitutional: The Brilliant Decision (pajamasmedia.com)
- Judge Vinson’s Tea Party Manifesto (thehealthcareblog.com)
- Striking Down ObamaCare: A Closer Look (dakotavoice.com)