Obamacare Violated Commerce Clause, But it Doesn’t Matter

Those who claimed that Obamacare violated the Commerce Clause were right. From the Supreme Court ruling:

People, for reasons of their own, often fail to do things that would be good for them or good for society. Those failures—joined with the similar failures of others—can readily have a substantial effect on interstate commerce. Under the Government’s logic, that authorizes Congress to use its commerce power to compel citizens to act as the Government would have them act. That is not the country the Framers of our Constitution envisioned.

Indeed. But, the majority wanted the policy. So, they rewrote the law to make it a tax case.  That is what is known as judicial legislation.

Next
YOU MIGHT ALSO LIKE

Rome and the Church in the United States

George Weigel

Archbishop Michael J. Curley of Baltimore, who confirmed my father, was a pugnacious Irishman with a taste…

Marriage Annulment and False Mercy

Luma Simms

Pope Leo XIV recently told participants in a juridical-pastoral formation course of the Roman Rota that the…

Undercover in Canada’s Lawless Abortion Industry

Jonathon Van Maren

On November 27, 2023, thirty-six-year-old Alissa Golob walked through the doors of the Cabbagetown Women’s Clinic in…