A Federal District Court in Michigan has issued the nation's first ruling on the constitutionality of the ObamaCare health insurance mandate that forces all Americans to be insured by 2014 or face fines and the withholding of income tax refund payments by the IRS.
Naturally U.S. District Judge George Steeh cited the Commerce Clause for the basis of his ruling, which stopped a preliminary injunction against the mandate. He noted in his ruling, "The Supreme Court has consistently rejected claims that individuals who choose not to engage in commerce thereby place themselves beyond the reach of the Commerce Clause."
Writing at Outside The Beltway, Doug Mataconis explains,
Based on the current state of Commerce Clause jurisprudence, which goes back to a case called Wickard v. Fillburn in which the New Deal era Court held that a farmer growing wheat on his own farm for his own use could still be subject to regulations of the Agricultural Adjustment Act of 1938, this is not at all a surprising decision. In fact, it's fairly clear that if the mandate is to be declared unconstitutional, it would require a Court to determine that 6o-plus years of Commerce Clause case law was wrongly decided. That isn't something that Court's do on a whim, and even a Justice like Antonin Scalia is unlikely to throw out a half century's worth of case law without a very good reason.
Since this is a lower-level Federal Court, Judge Steeh's decision will not be considered binding precedent. Obviously this case is headed for the appeals courts, and will very likely make its way to the Supreme Court.
(Here in Oklahoma, you must purchase health insurance from a company licensed by the state as an Oklahoma insurance provider. I wonder how "interstate commerce" affects this arrangement? Does this mean that inter-state health insurance sales could now be mandated by the Supreme Court?)



Comments (15)
GO TO HELL JUDGE! With all ... (Below threshold)1. Posted by 914 | October 7, 2010 9:07 PM | Score: 5 (5 votes cast)
GO TO HELL JUDGE! With all due respect.
1. Posted by 914 | October 7, 2010 9:07 PM |
Score: 5 (5 votes cast)
Posted on October 7, 2010 21:07
2. Posted by Dane | October 7, 2010 9:15 PM | Score: -17 (19 votes cast)
So.... I guess all of the Republican politicians and Tea Party loons were full of crap when they kept saying the health care law was un-Constitutional eh?
Gee, I'm very surprised at that.
2. Posted by Dane | October 7, 2010 9:15 PM |
Score: -17 (19 votes cast)
Posted on October 7, 2010 21:15
3. Posted by GarandFan | October 7, 2010 9:21 PM | Score: 9 (11 votes cast)
Don't celebrate yet Dane. Egg is hard to wash off one's face once baked in.
3. Posted by GarandFan | October 7, 2010 9:21 PM |
Score: 9 (11 votes cast)
Posted on October 7, 2010 21:21
4. Posted by GarandFan | October 7, 2010 9:37 PM | Score: 7 (9 votes cast)
BTW, the 'judge' was a Clinton appointee. Go figure.
4. Posted by GarandFan | October 7, 2010 9:37 PM |
Score: 7 (9 votes cast)
Posted on October 7, 2010 21:37
5. Posted by jim m | October 7, 2010 9:45 PM | Score: 12 (12 votes cast)
If you read the decision the judge makes the assertion that choosing not to buy insurance is still a way of participating in the marketplace, therefore government mandating that private individuals pay for insurance is simply influencing a decision of someone already in the marketplace.
This line of reasoning has the benefit that virtually all human activity is therefore subject to regulation under the commerce clause. If choosing not to participate is still considered a form of participation and therefore a regulate-able activity, then anything and everything is subject to direct control by the federal government without restriction.
Based on that weak minded reasoning I suspect that this judge's decision will not stand. This would mean that the people have absolutely no rights what-so-ever except what is specifically stated in the Bill of Rights. This decision turns the 10th amendment on its head.
5. Posted by jim m | October 7, 2010 9:45 PM |
Score: 12 (12 votes cast)
Posted on October 7, 2010 21:45
6. Posted by 914 | October 7, 2010 10:07 PM | Score: 7 (7 votes cast)
Hey judge, how come a woman has a right to choose but we as Americans dont have a right to choose to or not to have health insurance??
You slick willie hypocrite dumbass..
6. Posted by 914 | October 7, 2010 10:07 PM |
Score: 7 (7 votes cast)
Posted on October 7, 2010 22:07
7. Posted by Jim Addison | October 7, 2010 10:07 PM | Score: 8 (10 votes cast)
This case really has nothing to do with Wickard v. Fillburn at all. The question there was Congress' restriction of wheat production, based on % of acreage. Their justification was the [perceived] necessity of supporting wheat prices by limiting supply. Fillburn admitted exceeding the limit in the wheat he had under cultivation, but claimed the law was not applicable because he grew it all for his own consumption - he fed it to his chickens, his main business.
The court reasoned that his consumption of the excess was irrelevant, since it was the total supply of wheat which was targeted. Whether Fillburn sold his crop and bought processed feed, or keep it to make his own would not affect the total supply.
BUT Fillborn was not compelled to buy anything. He could have grown any number of other unrestricted grain crops to add to his feed mixture.
There is a huge difference in the two cases, but one would hardly expect a Clinton appointee to do other than the wrong thing. Nevertheless, the decisions don't really begin to count until the Circuit Court of Appeals, which set precedent for their respective areas and whose decisions are only overturned at the SCOTUS level for strong reasons.
7. Posted by Jim Addison | October 7, 2010 10:07 PM |
Score: 8 (10 votes cast)
Posted on October 7, 2010 22:07
8. Posted by ODA315 | October 7, 2010 10:14 PM | Score: 6 (6 votes cast)
So Judge, when Prez Obama sez you've gotta buy a chevy instead of a Ford, it'll be within his right to do so because of the "commerce clause"?
Nice logic.
8. Posted by ODA315 | October 7, 2010 10:14 PM |
Score: 6 (6 votes cast)
Posted on October 7, 2010 22:14
9. Posted by Deke | October 7, 2010 10:48 PM | Score: 6 (6 votes cast)
The conclussion of the Willard decision has been brewing for several decades now. The decision, based on precident decided during a time when America was on the verge of true Socialism, is a direct affront to the body of the desires of our founders.
This one decision has been the basis of every over-reach our central gov't has made since the 1930's. It has placed power at the center of our country and taken it away from states and individuals. Both political parties have been ok with it just b/c of that centralizing of power and the wealth and influence it equates to. Remember the turn over rate in Congress was over 50% until the 1960's, when politicians realized that with senority they could become rich and powerful just by being a "congressman."
It's high time this decision is reviewed and sent packing, power needs to be decentralized and the 9th and 10th amendments need to ascend.
9. Posted by Deke | October 7, 2010 10:48 PM |
Score: 6 (6 votes cast)
Posted on October 7, 2010 22:48
10. Posted by JLawson | October 7, 2010 11:05 PM | Score: 4 (4 votes cast)
In other news- McDonalds's isn't going to drop their health plan for Obamacare...
Instead...
McDonald's, 29 other firms get health care coverage waivers - USATODAY.com
Ya ever wonder just what the point is for having laws when the exceptions seem to outnumber the folks it actually applies to?
10. Posted by JLawson | October 7, 2010 11:05 PM |
Score: 4 (4 votes cast)
Posted on October 7, 2010 23:05
11. Posted by JSchuler | October 7, 2010 11:19 PM | Score: 7 (7 votes cast)
As all New Deal era SC rulings were coerced by a belligerent executive branch, they all SHOULD be overturned. They are not the products of judicial thinking, but of extortion.
11. Posted by JSchuler | October 7, 2010 11:19 PM |
Score: 7 (7 votes cast)
Posted on October 7, 2010 23:19
12. Posted by hcddbz | October 8, 2010 1:26 AM | Score: 3 (3 votes cast)
We cannot overturn SC decisions?
Dred Scoot
Plessy v. Ferguson
Korematsu.
Good to know the Court was never wrong.
12. Posted by hcddbz | October 8, 2010 1:26 AM |
Score: 3 (3 votes cast)
Posted on October 8, 2010 01:26
13. Posted by Ryan | October 8, 2010 7:38 AM | Score: 3 (3 votes cast)
So, Dane, since the courts are always right, I bet you were a huge fan of Bush v Gore?
13. Posted by Ryan | October 8, 2010 7:38 AM |
Score: 3 (3 votes cast)
Posted on October 8, 2010 07:38
14. Posted by Joe Miller | October 8, 2010 8:59 AM | Score: 1 (1 votes cast)
Behold the power of compound idiocy!
14. Posted by Joe Miller | October 8, 2010 8:59 AM |
Score: 1 (1 votes cast)
Posted on October 8, 2010 08:59
15. Posted by Olsoljer | October 8, 2010 9:41 AM | Score: 1 (1 votes cast)
So much for equal protection under the law.
15. Posted by Olsoljer | October 8, 2010 9:41 AM |
Score: 1 (1 votes cast)
Posted on October 8, 2010 09:41