The Court Explains it All
WSJ has an explanation of the recent decision by the 11th Circuit Court of Appeals that makes it plain why the health care law is flawed on Constitutional grounds. It’s really a monumental power-grab-by-precedent if allowed to stand. Here’s the money quote from what article authors Rivkin and Casey call “the most comprehensive judicial opinion to date.:
The court’s bottom line is this. Congress cannot use its power under the Commerce Clause to eliminate distinctions between national and local authority, reducing the states to administrative units that implement federal policies and programs. Here, the opinion explained, “[a] state’s role in safeguarding the health of its citizens is a quintessential component of its sovereign powers.” Health care, and health insurance, are areas of traditional state concern where states enjoy a broad police power.