Wednesday, February 23, 2011

Logical Consequences of the DC ObamaCare Decision

Malor of AOSHQ:

...if Judge Kessler is correct, then every "mental activity" that has an economic effect is subject to regulation by the federal government.

Kessler found that ObamaCare is perfectly Constitutional under the Commerce Clause.

Her dicta:

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power…. However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.

The Government menu--which is the ONLY menu--mandates broccoli today. You may NOT choose not to eat it, for that is a violation of the Commerce Clause.

Somehow, that doesn't ring very well.

More from Insurrection:

Our thoughts are now actions. There literally is nothing the federal government cannot regulate provided there is even a hypothetical connection to the economy, even if the connection at most is in the future.

...More analysis by Aaron Worthing at Patterico, where Patrick Frey has decided to take a short break from blogging, which means he has decided not to engage in economic activity and thereby subjected himself to federal regulation.

And even more analysis at Volokh Conspiracy, where Orin Kerr has decided not to take a break from blogging, and thereby subjected himself to federal regulation.

Easy solution: stop all that damned THINKING!

1 comment:

Heather said...

The bill has changed into a battle of judges which is interesting to follow but it in fact brings no practical solution to people who suffer under the disfunctional system that we have now.