Here’s to the 11th Circuit Court of Appeals: their 2-1 ruling yesterday confirmed that our Federal overseers cannot require us to buy broccoli if we don’t want to. The 11th Circuit wasn’t talking about the innocuous brassica oleracea, of course, but about the toxic individual mandate provision of the grossly misnamed Patient Protection and Affordable Care Act, aka Obamacare, that was foisted upon us by a group of progressive tyrants masquerading as legislators. The court correctly determined that if Leviathan could force you to buy health insurance in the name of the common good, it could force you to buy anything. But before we crack open the victory champagne, it might behoove us to consider the words of Thomas Lifson, writing in The American Thinker:
We shouldn’t be shocked that two federal judges ruled that the individual mandate is unconstitutional. We should, however, be outraged that any judge thinks that it is constitutional! Stanley Marcus, the one judge on this three judge panel who agreed with the Obama administration, wrote that the other two judges “ignored the undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy.” Let’s stop here for a minute. Let’s all go back and read that one more time.
Have you read it again? Do you catch what he said? He is asserting not that Congress has the legal power to force us to buy a product or service, rather that they have that authority because it is “generally accepted” that they have the authority! Marcus is telling us that simply because the power that Congress has seized has grown that We the People simply have to accept it. It doesn’t matter that Congress has absolutely zero Constitutional authority to do something. They’ve done it! They’ve taken the power! It happens all the time so it must be fine, right? Isn’t that a bit like telling a murderer that he won’t be charged because the murder rate has gone up?
What makes the comments of the dissenting Judge Marcus even more outrageous is that (according to Wikipedia) he is a Republican originally nominated for the U.S. District Court by Ronald Reagan! In fact, just last June Judge Marcus indicated that he was unable to find any previous case in which a court upheld a ruling
“telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?”
Despite the unjustifiable dissent of Judge Marcus, Obamacare, the signature legislation of the socialists in the 111th Congress, has been given a standing 8-count by the U.S. Constitution. And it might be gasping for air, but it’s still on its feet. Nine black-robed Supremes are going to decide the winner of this bout. You never know. Lord Camden, Lord Chief Justice of Merry Auld England, remembered in this country primarily for his namesake city with the 2nd highest crime rate in the United States, said in 1680,
“The discretion of a Judge is the law of tyrants: it is always unknown. It is different men. It is casual, and depends upon constitution, temper, passion. In the best it is oftentimes caprice; in the worst it is every vice, folly, and passion to which human nature is liable.”
This fight ain’t over.