Category The Supreme Court
The issue is not about the availability of health care, it is not about massive effects imposed on the interstate market by a failure to purchase an item, it’s not even about an activity or commerce. This law does not even meet the broad standards purposed by the law’s supporters. The only reason Congress would pass this law would be to expand the power of the government.
If the costs imposed by the failure to purchase health insurance justify regulation under the Commerce Clause, how much more should we allow the government to require individuals exercise? Indeed, the federal government has far more justification to require exercise than they do to require the purchase of health insurance.
Unfortunately, fiction is so convolved with politics that when we test politics with reality we often finish with confusion. But it must be done. Testing fiction with fiction will only produce fiction, but testing fiction with reality at least gives sensibility a fighting chance. Sensibility was given such a fighting chance against fiction and fabrication in the Supreme Court last month.
You know the old adage: “The road to hell is paved with good intentions.” The interesting thing is that the road to hell is also paved with bad intentions. So, all in all, following intentions is not the best way to go. The 9th Circuit Court of Appeals recently decided on the infamous Arizona law […]