And So I Go: Yesterday, Today and Tomorrow

Close Call But Court Will Find Individual Mandate Unconstitutional – Big Government

Posted on: May 2, 2010

» Close Call But Court Will Find Individual Mandate Unconstitutional – Big Government

This is a good article written in layman’s terms to explain why the  ObamaCare Reform bill  will not stand when the Supreme Court takes a look at it.  Some of you may find the reasoning for the arguments of interest as I did. BB

If any part of the health care bill is found unconstitutional, the whole bill fails because it contains no severability clause. Consensus holds that it will take two years for the constitutional challenge to progress through the federal district court, then the appellate court, and finally the Supreme Court. In the meantime, it is possible that an injunction from the district or appellate courts could put the entire bill on hold until the injunction is lifted or the case finally resolved.

My own view is that the Supreme Court will rule the health care bill unconstitutional because never in the history of jurisprudence has the court required a citizen to buy a certain private-sector product or service and never has it defined an insurance premium or resulting fine as a tax.

Ronald L. Trowbridge, Ph. D. is a Senior Fellow at the Texas Public Policy Foundation, a non-profit, free-market research institute based in Austin. He served as chief of staff to the late U.S. Supreme Court Chief Justice Warren Burger and to the Commission on the Bicentennial of the U.S. Constitution.

2 Responses to "Close Call But Court Will Find Individual Mandate Unconstitutional – Big Government"

Well, I certainly hope Mr. Trowbridge, is right. I wonder if it will take two years to get to the first hearing which I assume is in the Federal court, or will it be sooner?

It would seem that as long as a challenge has been filed, a request for an injunction, to stop any funds from being collected from American citizens could be implemented.

I wonder if the Constitutional challenge has been filed, yet and if so, by whom? It would be nice if we could follow the whole procedure ourselves.

Just a thought! ss

I am sure they have already been filed Snappy , in fact I am sure that several states and organizations and individuals have ,but don’t yet have the details. No doubt Big Government will be on it anytime now and we will hear about it. Research could find it but I am too lazy to go into it that much🙂

What I fear is a battle of the judges with one placing an injunction and another in another district rescinding it. As I recall there was something like this that took place with Roe vs Wade but can’t recall the details. Do you remember? We were both busy having and raising children then to have much time for politics.🙂 BB

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