Opinion Forum

Judge Vinson’s Ruling on the Federal Government’s Motion for “Clarification”

March 4th, 2011

By Dan Miller Much has been written and said about Judge Vinson’s ruling today granting a very limited stay of his earlier declaratory ruling (which he “clarified” to have been the equivalent of an injunction) against further implementation of ObamaCare. I have little to add other than a few quotations from today’s decision; it is […]

Articles written by Dan Miller
Tags: appeal, individual mandate, injunction, ruling, stay, unconstitutional, Vinson
Categories: Law, News, Politics | Comments (3) | 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

ObamaCare Held Constitutional

February 25th, 2011

By Dan Miller In a sixty-four page decision in Mead v. Holder, Judge Gladys Kessler of the U.S. District Court for the District of Washington, D.C. on February 22nd rejected constitutional objections to the mandatory insurance provisions of ObamaCare, holding them valid exercises of power under the Commerce Clause. Judge Kessler held that a decision […]

Articles written by Dan Miller
Tags: constitutional, Holder, individual mandate, Kessler, Mead, Obamacare, Vinson
Categories: Law, News, Politics | Comments (5) | Home