Opinion Forum

The New ObamaCare Decision Is Good

August 16th, 2011

By Dan Miller The insurance mandate is unconstitutional and we don’t have to eat peas. The U.S. Court of Appeals for the Eleventh Circuit issued its 301 page decision on ObamaCare on August 11. The majority (Chief Judge Dubina and Judge Hull) opinion consists of 207 pages, the dissent (Judge Marcus) of 94. The majority […]

Articles written by Dan Miller
Tags: Circuit Court, Commerce Clause, Obamacare, ruling, unconstitutional
Categories: Law, News, Politics | Comments (1) | Home

Are We There Yet?

March 30th, 2011

By Brian Bagent Every parent has heard this more times than we care to remember, but this isn’t about parenting. I’m talking about the days of the ultimate inversion. The set-up has been a long time coming, but I think we’re about there. Year before last, when then-Speaker Nancy Pelosi was asked about constitutional authority […]

Articles written by Brian Bagent
Tags: Commerce Clause, Filburn, free trade, freedom, healthcare, Obamacare
Categories: History, Law, News, Politics | Comments (4) | Home

Don’t Want ObamaCare? That Means Obama Can Force You to Have It (UPDATED)

March 4th, 2011

By Dan Miller The tortured logic of Judge Kessler. (UPDATE: “Judge Vinson’s Ruling on the Federal Government’s Motion for ‘Clarification.’” ) Judge Kessler’s February 22nd ObamaCare decision held that a decision not to make a government-mandated purchase in interstate commerce is economic activity and therefore activates the federal government’s authority under the Commerce Clause. This presents […]

Articles written by Dan Miller
Tags: Commerce Clause, decision, individual mandate, Kessler, Obamacare, Vinson
Categories: Law, News, Politics | Comments (4) | Home

Further Decision Released on ObamaCare

December 14th, 2010

By Dan Miller Another good step toward the demise of ObamaCare * * * In a decision released on December 13th, Judge Hudson of the United States District Court for the Eastern District of Virginia held that the requirement of ObamaCare that a minimum level of medical insurance coverage be purchased by individuals and imposing […]

Articles written by Dan Miller
Tags: Commerce Clause, individual mandate, insurance, Obamacare, penalty, tax
Categories: Law, News, Politics | Comments (3) | Home

Federal Court Decision Is a Big Setback for ObamaCare

October 15th, 2010

By Dan Miller Alice in Wonderland notwithstanding, Congress must say what it means and mean what it says. In an order released on October 14 in State of Florida, et al v. Dept. of Health and Human Services, et al , Judge Vinson of the U.S. District Court for the Northern District of Florida, Pensacola […]

Articles written by Dan Miller
Tags: Commerce Clause, decision, federal court, individual mandate, Obamacare
Categories: Law, News, Politics | Comments (1) | Home