Judicial Politics As Usual in Obama-Care Ruling

Think judges are on the bench with unbiased, non-political and unprejudiced opinions who serve we the people? Think again! Some are just as slimey and rotten as most politicians are, and here is a case in point.

Article by By Jennifer Haberkorn. Read the rest of it here on Politico.

So far, four district court judges have ruled on the merits of the health reform law. Underscoring the political subtext of the legal debate, the judges have ruled along partisan lines.

Two judges, both appointed by Republican presidents, have struck down the law or its main provision. Two other judges appointed by Democrats have upheld the legislation as constitutional.

A federal judge on Monday ruled that the entire health care overhaul is unconstitutional, the most striking blow yet to President Obama’s signature domestic legislation.

But Judge Roger Vinson stopped short of ordering the federal government to stop enacting the law.

Vinson ruled that the law’s requirement that nearly all Americans purchase health insurance coverage is not within the legal bounds of Congress’s power under the Commerce Clause. (Read Judge Roger Vinson’s Healthcare Ruling [PDF])

Because the provision is instrumental to the rest of the law, he declared the entire law unconstitutional. The law also doesn’t have a severability clause, a common legal phrase that prevents courts from striking down a whole law because one piece has been found to be illegal.

“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he wrote in his 78-page ruling. “This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.”

So now, my question to Maine AG William Schneider is this:
If it’s unconstitutional under the Commerce Clause for Congress to make us buy health insurance, why isn’t it unconstitutional under the Commerce Clause for Maine’s congress to make us buy car insurance, hmmmmmm????

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