A Poison Pill Opinion?
Crippling The Commerce Clause?
- Health Care Decision Hinges On A Crucial Clause--NPR
Constitutional scholars know there's much more at stake in the Supreme Court's decision on the Obama health care overhaul than one election. The case could mark a major turning point in the way the Supreme Court interprets the Commerce Clause
- Did Justice Roberts Set Booby-Traps in His Commerce Clause Ruling?--The Nation
". . . But the “tax, yes/Commerce Clause, no” decision is nothing to necessarily celebrate. . . . "
- In the Healthcare Decision, a Hidden Threat?--The Nation
Could the Supreme Court's healthcare ruling be a major legal victory for those who want to limit the state's care for the weak and fragile?
Removing A Barrier
Like more than a few Americans, I was surprised to hear that the Supreme Court had upheld the Affordable Care Act. I saw at least the individual mandate would be found unconstitutional. Combine that with the ruling that States have no right to restrict campaign contributions, thus giving the Koch's, etc, the right to buy elections like they did in Wisconsin, and the legal framework for the creation of "USA Inc", an America run by and for the "%1" would be set.
And it still may be. The Court's opinion was that while the individual mandate is not constitutional under the Commerce Clause, but is instead a tax. To call the penalty for not having health care a tax seems a bit of a reach even to me. It's more along the lines of a fine, in my opinion.
What the court may have done is restrict the government's power to regulate industry. Labor, health and safety, and environmental laws likely have much of their basis in the government's authority to regulate interstate commerce. In the case of the Affordable Care Act, the court ruled that that Congress cannot compel an individual to take an action. It's not a big step, since the Court has ruled that Corporations have the rights of citizens, but not the legal liabilities, that a corporation could challenge a law that it sees as inconvenient.
The road to an America run by and for corporations and their CEO's may still be under construction. The problem is that the "%99" seems to be unable to build an effective resistance.