ANOTHER UNFAVORABLE OBAMACARE RULING EXPECTED MONDAY

This is the lawsuit filed in Florida, in which a total of 26 states have sued pursuant to ObamaCare’s individual mandate and a variety of more arcane issues relating to the power of Congress to impose fiscal burdens on the states.

U.S. District Judge Roger Vinson’s ruling will decide the biggest of the many court challenges to Obama’s hallmark accomplishment, which now has 26 state attorneys general backing the suit.

And the news isn’t likely to be good for the “hallmark accomplishment.” During a hearing in December, Vinson asked government attorneys defending ObamaCare this question about the mandate as it relates to the powers of Congress:

If they decided everybody needs to eat broccoli because broccoli makes us healthy, they could mandate that everybody has to eat broccoli each week?

The Justice Department lawyer answered that the health care market has special qualities that somehow necessitate a federal law forcing everyone to buy health insurance: “It is not shoes, it is not cars, it is not broccoli.”

It also wasn’t convincing. By all accounts, Judge Vinson was singularly unimpressed by this goofy argument. However he rules on the “exceesive burden on the states” argument, he will almost certainly strike down the mandate.

This is one of two important cases relating to the mandate question (the rest are merely side shows). The second important case is Virginia v. Sebelius and the Obama administration took a shellacking on that case.

Comments 2

  1. Dennis De wrote:

    FTA:The Justice Department lawyer answered that the health care market has special qualities that somehow necessitate a federal law forcing everyone to buy health insurance.

    How does this statement square with the reality that over 700 waivers have been issued to mostly unions and friends of Obama? These people must think we are idiots>

    Posted 30 Jan 2011 at 10:17 am
  2. ktrimbach wrote:

    These people must think we are idiots. And enough people are that we are getting the government that they deserve.

    Posted 30 Jan 2011 at 9:02 pm

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