According to a federal judge in Virginia, ObamaCare’s individual mandate to purchase health insurance is constitutional under the Commerce Clause because, under precedents set by previous cases, “Congress has broad power to regulate purely local matters that have substantial economic effects, even where the regulated individuals claim not to participate in interstate commerce.” The ruling, which was released yesterday, dismissed an argument by Liberty University, a Christian school based in the state, that the law should be invalidated because, among other reasons, it unconstitutionally requires individuals to purchase health insurance.With the previous understanding the government was merely leasing the taxpayers. It now owns them. But you have to admit the dopers got what was coming to them. And now the rest of us are going to get it. Good and hard.
The section of the decision dealing with the mandate leans heavily on the Supreme Court’s ruling in Gonzales v. Raich, a case in which the Court decided that, under the Commerce Clause, Congress could criminalize growing marijuana at home for personal use because failure to do so would upend a legitimate regulatory activity. Yesterday’s ruling by Judge Norman K. Moon quotes Raich to argue that Congress may regulate “purely intrastate activity that is not itself ‘commercial’...if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity."
The Raich case was about pot. So maybe Marijuana is a hard drug after all. Evidently in aggregate it will be hardest on those who don't use it. A very peculiar drug to be sure.
Cross Posted at Classical Values