June 29, 2012

Legal Insurrection calls it perfectly

Do we want this?...
What he said... Stop the self-delusion;
Some well-meaning people are peddling the notion that today’s Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the fig leaf of a majority ruling upholding the mandate under Congress’s taxing power.

To paraphrase Joe Biden, I have just four words for you:


If this were some other more narrow law, if this was not a monumental takeover of the most private aspects of our lives, if this monstrosity would not cause such long term damage to our health care system, if this law was not Obamacare ….

I might be inclined to agree with you.

But it is Obamacare, it is the takeover of a substantial portion of our economy which empowers the federal government to write tens of thousands of pages of regulations telling us how to live and how to die.

This was the hill to fight on for any conservative Justice of the Supreme Court.
Or this?
Amen and Amen.  The only words I would change are "well-meaning".  Instead I would use perhaps "obsequious" or "timid", or "oblivious".  But other than that, I cannot and should not quibble with blogging brilliance.  William ends the post as strongly as he opens it;
This is now, and today we should have been rid of this monstrosity.

We live to fight another day, but don’t tell me we won because someday possibly in the future in some other case with some other set of Justices we maybe might achieve some doctrinal benefit from the Commerce Clause ruling.

So please don’t delude yourselves. Today was a bitter loss because it was one we should have won.
Indeed.  Yes, it will fire up the base for the election, but that's small consolation in the big picture.


  1. .

    One is looking directly at 'the rule of law' as practiced in USA Really, the rule of law. And you call it a loss?! Where in the world do you live?

    This is USA, the will of the people, and how the system works. The people’s Congress passed the ACA. The people's President of USA has signed the ACA bill into law. The people's Supreme Court of USA has declared the ACA constitutional. The people's government will govern and implement the ACA. Like the positive and popular Social Security program, Medicare/Medicaid programs, and now ACA - we the people witness government of the people, by the people, and for the people in all its glory.

    You presented your case for your backward gloom and doom ideas and the people have said no. Get over yourself. Now is it possible to acknowledge your whole pipe-dream ideology nonsense was foolishly wrong?

    USA still lives as the land of the free, home of the brave. Having a safety under the high-flying trapeze artist does not prevent the artist from being any better or worse than the individual wants to be.

    The crux of the matter is ever so simple. You have convince yourself that you do not want a safety net for yourself (for reasons known only to the universe). It pi$$es you off to no end to think that there are others who do want a higher quality of life and are willing to pay for it. Add to this point, the fact that it is Mr Obama who has been able to accomplish this transitional effort - and you have come totally unglued.

    Life will continue to get better in USA. You will benefit directly from life's improvements. And you will kick, scream, and deny that Mr Obama should be given credit for moving USA forward.

    Ema Nymton

  2. Ema -

    I live in a country with socialized medicine (Canada). I have seen the future of your precious PPACA and I can state with certainty it does not work. Wait times for our 'free' health care are atrocious, though not as bad as in Great Britain who have years of additional evidence and thus are further down the road to ruin.

    Beyond the wait times, and the much higher differential in taxes between your country and mine, there are a number of other impediments to your envisioned socialist paradise. People with any sort of money go elsewhere for medical treatment because it is better. When I say elsewhere, by the way, I mean the United States.

    Just because you want free health care does not mean that you can contravene the laws of supply and demand. When you add millions of people to the demand curve for health care by making it cheaper or free, and on the other hand you reduce supply by putting cost caps on it, you face what is known as a shortage. That leads to things like wait times. And you WILL wait.

    You will also pay. Your health care costs will go up. I'm sure you won't care because it'll be a tax and you'll just get used to it, as America becomes just another country with no differentiators from other nations like liberty, and individual responsibility. Again you'll be okay with that, because once you have a single provider of health care, the ultimate progressivist goal, you'll have 'free' soma in your water and everything will just be peachy.

    Medical innovation in the United States has been astounding. That did not come under a collective medical infrastructure. Innovation requires competition and Obama, if he is successful in getting a second term, will be responsible only for snuffing that out.


  3. .

    "Medical innovation in the United States has been astounding. That did not come under a collective medical infrastructure."

    Yes it did. Teams of medical personnel are needed to work together collectively within a collective medical infrastructure to advance the scientific research needed to identify, research, and cure medical problems/issues. This is the current environment, that exists throughout the world.

    What, do you think some lone doctor works in his basement coming up with a medical breakthrough? Really?

    "I live in a country with socialized medicine (Canada)." Are you willing to give up Canada's system for what USA had before ACA?

    Ema Nymton

    1. People, medical or otherwise, working together is a not a collective, it is a collaboration, unless they are doing so under a socialized or command system. And there are countless numbers of innovations that were made by a single person, though likely not all in basements.

      I would move to pre-ACA America in a heartbeat Ema. I'm lucky enough that I'd be able to afford private health care coverage. And if I weren't there was Medicaid, which should have covered what the ACA claims to cover. There's also Medicare. No, the system was not perfect, but there were and still are much better ways to improve upon it than a 2700 page mandate/tax.


Disagreement is always welcome. Please remain civil. Vulgar or disrespectful comments towards anyone will be removed.

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