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Obamacare goes to Supreme Court Monday
The justices will decide whether to kill or keep the largest expansion in the nation's social safety net in more than four decades.
I wonder how the outcome will affect the election, i.e. Romneycare/Obamacare?
Interesting words by George Will, today, on This Week with George Stephanopoulos.
Interesting what he says in the last paragraph - "regulating the mental activity of choosing".
WILL: I really disagree with Terry on this. I think the Supreme Court is composed of nine intelligent, conscientious judges who are prepared to judge in this case. Why did they take it? Because the circuits are in conflict, and the circuits -- some important circuit judges say -- in very persuasive opinions -- that portions of the law -- at least two portions -- are unconstitutional, the Medicaid expansion, which is a burden that eviscerates (ph) federalism and, of course, the mandate.
They're going to decide -- try at long last to see if there is any limiting principle on the ability of Congress to act simply because it asserts that whatever they're regulating has a substantial impact on interstate commerce. If there is no limiting principle, then the Madisonian architecture of limited government is gone and the federal government has an unlimited...
(Stephanopoulos cuts him off)
ROBERTS: (OFF-MIKE) Commerce Clause, which, of course, says that the Congress has the right to regulate interstate commerce. But the -- and everything now is considered interstate commerce.
WILL: That's the problem.
WILL: I think Matt may be right about that, but, again, I think this is a serious argument about serious constitutional issues. Independent of the fact that the public doesn't like it or the fact that it is the president's signature achievement.
To the argument that health care is unique because everyone uses it, everyone uses food, shelter, clothing, energy, transportation. This is a comprehensive argument, if you let it loose in this case.
Second, a judge has actually said, well, we're not regulating the inactivity of not buying health insurance. We're regulating the mental activity of choosing not to buy health insurance. When you get into this kind of Orwellian language, you're doing something wrong.
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