Open thread Feb. 20, 2014 Dan Crawford | February 20, 2015 9:37 am Tags: open thread Comments (4) | Digg Facebook Twitter |
I like this headline over at Wonkblog:
Taxpayers win as Wal-Mart gives workers a raise 🙂
Hereis a geadlineyou won’t see.
“Obama’s Intervention in Libya: Results in Two Years Rather than Decades….”
While for Bush’s phoney interventions it took 11 years for Iraq to fall apart, while US is 13 years and counting keeping Afghanistan proxy above the sands..
With yet another challenge to PPACA on the horizon, let us review what Congress and the Courts have claimed thus far:
Congress in Mandate of PPACA:
EFFECTS ON THE NATIONAL ECONOMY AND INTERSTATE
COMMERCE.—The effects described in this paragraph are the
(A) The requirement regulates activity that is commercial
and economic in nature: economic and financial
decisions about how and when health care is paid for,
and when health insurance is purchased
Judge Gladys Kessler in Mead v. Holder:
For the foregoing reasons, the Court finds that Congress had
a rational basis for its conclusion that the aggregate of
individual decisions not to purchase health insurance substantially affects the national health insurance market. Consequently, Congress was acting within the bounds of its Commerce Clause power when it enacted § 1501
Ginsberg et al in NFIB:
First, Congress has the power to regulate economic activities “that substantially affect interstate commerce.” Gonzales v. Raich, 545 U. S. 1, 17 (2005). This capacious power extends even to local activities that, viewed in the aggregate, have a substantial impact on interstate commerce. See ibid. See also Wickard, 317 U. S., at 125 (“[E]ven if appellee’s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.”
Perhaps the most bizarre of all was CJ Roberts claim that he was duty bound to read the Mandate as a tax -as though he were duty bound to rescue Congress from its gambit of avoiding raising income taxes on individuals by very plainly crafting the Mandate as a regulation of commerce.
That Roberts was willing to engage in such subversion of the democratic process the first time around, leaves little doubt that he will repeat his performance and once again rescue the Congress that foolishly qualified the language of the subsidies.
Science marches on.