Overturning ObamaCare in the Supreme Court will not be a Slam Dunk

[Geee]

American Thinker:


U.S. Secretary of Health, Kathleen Sebelius recently coauthored a piece with Eric Holder for the Washington Post, titled, "Health reform will survive its legal fight." To the extent that Judge Henry E. Hudson struck down the "lynchpin" of ObamaCare -- the insurance mandate -- one certainty exists: the constitutional question of the new mandate will make its way to the docket of the United States Supreme Court.

Because the powers delegated to the federal government are "few and defined," ObamaCare must now find after-the-fact constitutional support. The legal query is whether Congress may use its old standby, the Commerce Clause, to support its power grab. As peculiar as it sounds, the individual mandate will live or die on the question of Congress's power to "regulate Commerce among the several States."

As with other sections of the Constitution that have been misused over the years, the case law precedent on the Commerce Clause has taken on a life of its own.

No longer does the intent, purpose, meaning or even context of the Constitution's original language carry much weight. What makes a matter constitutional or unconstitutional is often not the Constitution itself, but the string of cases interpreting the Constitution. The cases closest to being on point become the standard for constitutionality no matter how far removed the holdings are from the actual Constitution.

Early on when deciding Commerce Clause cases, the Supreme Court looked to actual commerce among two or more states and ruled on whether certain state laws or policies burdened commerce or made it unfair.

Commerce was understood to mean the trade or exchange of goods among the states and regulation meant making trade regular and equal among the states.

[ErnstBlofeld]

Judge Henry Hudson is in the United States District Court for the Eastern District of Virginia also known as the Rocket Docket. It will be in a matter of months that the Supreme Court will take the case. Secondly, Elena Kagan as Supreme Court justice has had to recuse herself for most of her cases brought before her because of her past Solicitor General position. There is a chance that the Court will split 4-4. There is a good chance that Obamacare will be ruled unconstitutional.