Is ObamaCare on the path to be ruled unconstitutional?

According to a report by Washington Post, in the second day of Supreme Court hearing, one of the conservative justices who most likely sides with the liberals, Justice Anthony Kennedy thought that the 2010 Patient Protection and Affordable Care Act (aka ObamaCare) would invoke a power “beyond what our cases allow” the Congress to wield in regulating interstate commerce.

Some questions or quotes by Justices:

  • Justice Antonin Scalia (appointed by Reagan) askedSo if I’m in any market at all, my failure to purchase subjects me to regulation?
  • “Can you create commerce in order to regulate it?”—asked by Justice Anthony Kennedy (appointed by Reagan)
  • Justice John Roberts (appointed by George W. Bush in 2005) wanted to know if everyone would be required to by cell phones since that would help the government’s emergency services.
  • For the argument that the health-care market is such a unique market that the requirement of purchase would be constitutional, Justice John Roberts worried that the government would always be able to come up with reasons that a different industry would fit the mold also.
  • Justice Samuel A. Alito Jr. (appointed by George W. Bush in 2006) brought up burial services on how people who don’t have burial insurance will pay for their funeral.

Perhaps, Justice Scalia summed it best, “Government is supposed to be a government of limited powers. What is left if the government can do this? What can it not do?”

We are counting on the 5 Justices, appointed by Reagan, George H.W. Bush and George W. Bush, to strike down Obamacare. If they don’t:

  1. The government can force all parents to buy life insurance and designate beneficiaries to take care of their children under the age of 18—of course, they can always designate social services as beneficiary. This is possible since the life insurance market has as extensive system as health care—same argument that Justice Stephen Breyer (appointed by Clinton) made for burial insurance in response to Judge Alito.
  2. The government can make everyone to buy gym membership, lifting weight or doing aerobic.
  3. What can’t government make people do—as Justice Scalia wondered?

If ObamaCare is struck as unconstitutional, what does Obama have to show for his records during his first term—unless you count his bailout of the huge UAW contracts with the auto industry? During the first 2 years of his administration, Obama had control of both Houses so he could pass any laws he wanted to. He chose to pass ObamaCare instead of passing job bills to improve the unemployment as he blamed Republicans for not passing his job bill this past year.

Ch3 Nguyen


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