December 17, 2010

Judge Vinson: "People have always exercised the freedom to choose whether to buy or not buy a commercial product."

Hinting at oral argument that he may rule against the individual mandate in the Florida case — in which the governors and attorneys general of 20 states have attacked health care reform.

25 comments:

mesquito said...

We can't back out now. Obamacare is working!

A new low of 44.8% of American adults report getting their health insurance through an employer in November, down from 50% in January 2008, when Gallup began tracking it. The percentage of Americans with government-based healthcare remains elevated, with the 26% who report having it last month similar to the high of 26.3% found in September.

Sixty Grit said...
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New "Hussein" Ham said...

People are intellectual brats.

I'm quite sure that will be the argument advanced by Democrats before the judge.

kent said...

"Are you serious? Are you serious?"

Bender said...

KEY phrase there -- "freedom to choose."

In today's world, Roe v. Wade is the most FUNDAMENTAL of all constitutional doctrines, and it states that a person has a fundamental right to choose to have or not have certain medical treatment, that the government has no place in medical decisionmaking.

The entire premise of the government's argument on ObamaCare is that people can be compelled to buy insurance because otherwise the government will have to pay for their care. But if people have a fundamental right to not have medical care at all, if the government cannot force them to have certain medical treatment, then the government cannot use that as an excuse to force them to pay for it.

That ObamaCare violates the entire Roe line of cases, as well as the Cruzan line of cases, is abundantly clear.

edutcher said...

"We have to pass it to see what's in it."

This is turning out to be a really bad year for the Demos.

About damned time.

Fen said...

"If they decide that everyone needs to eat broccoli," then the commerce clause could allow Congress to require everyone to buy a certain quantity of broccoli, the judge said.

Sloppy reporting for the WSJ. I guess the original quote was too cumbersome, but I'd like to see it.

Fen said...

But I see the NYTs article Ann linked to does not have the brocolli comment. Gee I wonder why.

Larry J said...

It seems that to many liberals, freedom to make your own choices only applies to abortion.

David said...

I realize that there are distinctions that may be too subtle for my brain, but what about:

automobile insurance
cocaine
absinthe
child porn
vaccinations

and other stuff I have not thought of.

They make us buy insurance and get vaccinated. We are prohibited from purchasing cocaine and child porn.

If Congress found it necessary and proper that we prohibit smoking, would it not be allowed to do so? Perhaps so, but is it so crystal clear?

Obamacare is a travesty. Its result will be to stifle innovation, make care more expensive, reduce choice, increase phantom triages and de facto (or worse) rationing.

That something is a really bad idea does not make it unconstitutional.

David said...
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Fen said...

but what about: automobile insurance

Thats easy. You don't own a car and don't drive. Should you be required to purchase auto insurance?

SteveR said...

Auto insurance- required by states and/or the entity that holds the lien. It also protects other drivers, cars or innocent third parties. Not even close to an arguement

Almost Ali said...

I'm surprised at Judge Vinson, as if he never heard of eminent health-care.

Almost Ali said...

Auto insurance- required by states...

That's how AIG got their start.

Almost Ali said...

You don't own a car and don't drive. Should you be required to purchase auto insurance?

Yes, under the seldom published eminent transaction clause.

PaulV said...

Auto Insurance comparison bogus. Liabillity insurance is required to protect others but auto insurance is not required to protect yourself. Since some states do not required liability insurance I carry unisured motorist insurance to protect myself.

Revenant said...
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Revenant said...

I realize that there are distinctions that may be too subtle for my brain, but what about:

automobile insurance

The federal government can't make you buy automobile insurance either.

cocaine, absinthe, child porn

Don't confuse "the government can forbid you from buying" with "the government can force you to buy".

holdfast said...

Rev:

I dunno - the Obama admin is already forcing me to heavily self-medicate with Scotch . . .

kent said...

cocaine
absinthe
child porn


What about Joe Biden's Christmas wish list...?

AST said...

I'm getting confused. We have the right to commit adult incest and sodomy, but not to decide whether we want to buy health insurance?

Or is that the idea: buy insurance or you'll be sodomized?

All these freedoms and rights are bankrupting us.

HDHouse said...

@mesquito

perhaps you would care to wait until most of it kicks in before you judge...

naw. your a republican.

ready? fire!!! aim?

HDHouse said...

@ast.

so don't buy it but if you get sick and can't afford it then you have made the choice to take your chances and die from a cut on your toe. up to you i guess but if you fight health insurance i'm sure not going to have any dollar i spend on health care keeping your sorry ass alive.

Sixty Grit said...
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