Tuesday, February 1, 2011 - Today the papers, airways, telecasts, and blogs are full of news and opinions about Judge Vinson’s 78 page ruling declaring the health care law unconstitutional, issued yesterday.
Vinson ruled the “individual mandate” violated the constitution. He opined that the mandate was central to the law and was not “severable” from the “whole,” and therefore the whole law was unconstitutional. Vinson concluded, “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
“In the final analysis, “ the judge wrote, ”this Act has been analogized to a finely crafted watch, and that seemed to fit. It has 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed.”
As you might expect, Republicans cheered and Democrats jeered the ruling. Conservatives applauded, and liberals shouted they had been defrauded.
Jonathan Cohn of the New Republic, a left-leaning publication, said the decision was “blatant politics.” Another Obama supporter deemed it a “Tea party Manifesto.” Meanwhile, on the political right, the opinion was that the decision was a just reward for blatantly ramming the health law down the throat of Americans in the first place.
As for me, I would note the decision reflects the opinion of a majority of the American people, who repeatedly in polls say they oppose the law and think it ought to be repealed. The attorney generals, all Republicans, of 26 states, the majority of states, who brought the suit, agree.
It is a good thing that final opinion rests within the robes of the Supreme Court. The Court will probably decide by a 5-4 opinion whether the law is unconstitutional or not.
With Valentine’s day approaching, this verse seems appropriate,
Roses are red,
So are most of the states,
Violets are blue,
So are most of the media,
The Supreme Court will decide
Between the two
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3 comments:
Obviously this will eventually go all the way to the Supreme Court, but the scholarly ruling by Judge Vinson was well crafted and a real boost to overturning the law. Actually, you now have to say it HAS been overturned, in its entirety, and only a successful series of appeals can save it, absent Congressional action.
Have you read Vinson's actual opinion? It is logical, clearly written and provides an enlightening history of the judicial interpretation of the Commerce Clause. His arguments must be addressed by any other worthwhile ruling on the individual mandate.
Reading it is a pleasurable and productive use of time.
I have not read it, but everybody who has says it is well-written, logical, and persuasive. It amazes me that Democrats dismiss it as the work of a political hack. We sometimes forget this country was based on the premise that a balance exists between the executive, legislative, and legal branches.
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