Friday, October 08, 2010

Filburn, Again. Leviathan Rising in ObamaCare

At some point in time, there will be a revolution honoring Roscoe Filburn.

A federal judge has ruled that it is constitutional to force individuals to purchase health insurance, a central pillar of ObamaCare. To be clear, the decision was in response to a suit brought by the Thomas More Law Center, which is separate from the two larger suits brought by dozens of states.

U.S. District Court Judge George Steeh of the Eastern District of Michigan, a Bill Clinton appointee, argued that the federal government does indeed have the power under the Commerce Clause to impose the individual mandate to purchase health insurance.

Citing the Roosevelt-era case that extended the Commerce Clause to regulate a farmer growing wheat for his home consumption, ...

That case was Wickard/Filburn, an atrocious abuse of judicial power which supported an even more atrocious abuse of Executive power, which has led to the Leviathan Regime-State we now enjoy (/sarcasm)...

This is not regarded as an important sign, but will be a consideration as the main-line cases get underway.

HT: AmSpec


neomom said...

Ironically... wouldn't some of the push in California to grow your own pot for your own use be a direct challenge to Wickard v Filburn?

Dad29 said...

Good thought!

100-to-1 that Obama's AG ignores that possibility.