Little-Acorn
02-23-2011, 11:40 AM
A judge appointed by Bill Clinton wrote, "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."
So deciding not to engage in commerce the Fed govt can regulate, is engaging in commerce the fed govt can regulate???
Was this "judge" recently released from a lunatic asylum?
In the 1995 Supreme Court case US v. Lopez, the govt lawyers tried to pretend that bringing a gun to a school (not necessarily firing it) affected "interstate commerce" enough that the Fed govt could regulate that, too, despite the 2nd amendment's flat prohibitions. The long, tortured chain of "logic" they tried to cite to justify this, was amazing. Finally then-USSC Chief Justice Rehnquist stopped the lawyer, and asked him if he could name one activity in all of human experience, no matter how small or innocuous, that could not fall under the regulative ability the lawyer was trying to give Congress with his incredibly twisted "logic". The lawyer thought for a while, and admitted he couldn't name one.
Would that Rehnquist were alive today and in this nutty judge's courtroom, to ask her the same question.....
http://www.dcd.uscourts.gov/dcd/sites/dcd/files/kessler.jpg
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http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php?ref=fpb
Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'
by Ryan J. Reilly
February 22, 2011, 7:51PM
A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.
U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.
"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."
So deciding not to engage in commerce the Fed govt can regulate, is engaging in commerce the fed govt can regulate???
Was this "judge" recently released from a lunatic asylum?
In the 1995 Supreme Court case US v. Lopez, the govt lawyers tried to pretend that bringing a gun to a school (not necessarily firing it) affected "interstate commerce" enough that the Fed govt could regulate that, too, despite the 2nd amendment's flat prohibitions. The long, tortured chain of "logic" they tried to cite to justify this, was amazing. Finally then-USSC Chief Justice Rehnquist stopped the lawyer, and asked him if he could name one activity in all of human experience, no matter how small or innocuous, that could not fall under the regulative ability the lawyer was trying to give Congress with his incredibly twisted "logic". The lawyer thought for a while, and admitted he couldn't name one.
Would that Rehnquist were alive today and in this nutty judge's courtroom, to ask her the same question.....
http://www.dcd.uscourts.gov/dcd/sites/dcd/files/kessler.jpg
----------------------------------------
http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php?ref=fpb
Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'
by Ryan J. Reilly
February 22, 2011, 7:51PM
A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.
U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.
"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."