Poll: File that lawsuit

A new Rasmussen poll finds that almost half of Americans want their states to file lawsuits against the new health care act.

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  • ... Which is why the AGs in Yahoo* states want to do it. At least, about half of the Tribune and WGN reports point out that legal experts agree that the cases have very little chance on constitutional grounds. I pointed that out in replying to Jack Spatafora a couple of months ago here, but you persisted in an unsupported piece (in the sense of no citation of legal authority) in the Tribune yesterday. The Commerce Clause arguments supporting this bill are the same as supported the Public Accommodations title of the Civil Rights Act of 1964 and the Supreme Court decision holding that the Commerce Clause allows the feds to bust you for growing your own marijuana. Also, the bill does not mandate buying health care, it just imposes an excise (apparently enforced by the IRS, if we believe Tribune reports), if you do not do so. Excises have been in the Constitution since 1787.

    There may be a public benefit in putting the matter to rest by getting a Supreme Court opinion on it. However, unless the plaintiffs believe that the court is going to rule on the policy or wisdom of the enactment rather than on the basis of either precedent or the original intent of the framers of the Constitution, the legal experts are correct. Considering that undoubtedly it is conservatives behind these suits, they would either dump in their pants if the Supreme Court ruled on the basis described in the beginning of the second sentence of this paragraph, or be hypocrites.

    ____________________
    *Not the trademark, but posters who persist on the Tribune bulletin boards don't sell real NFL(R) goods either.

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