Crush Liberalism

Liberalism: Why think when you can “feel”?

Federal judge (Clinton appointee) rules ObamaCare constitutional because Congress can regulate “mental activity”

Arguably the scariest ruling yet in the ObamaCare court circus.  Details:

A federal judge has upheld the national health care law, making it the fifth ruling on the merits of the legal challenges to the individual mandate.

The  ruling by the Clinton appointee, U.S. District Court Judge Gladys Kessler of the District of Columbia continues the pattern of Democratic-appointed judges siding with the Obama administration and Republican judges siding with the plaintiffs in ruling the mandate unconstitutional. Kessler’s ruling comes in a case brought by individual plaintiffs, where as the two decisions striking down the mandate have come in cases brought by 27 states, based in Virginia and Florida.

Like the other decisions upholding the law, the logic of Kessler’s ruling demonstrates how broadly one has to interpret congressional powers to find the mandate constitutional. In something right out of  Harrison Bergeron, Kessler notes that Washington has the authority to regulate “mental activity”:

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power…However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.

It is worth noting, however, that even Kessler concedes that “there is little judicial guidance” on this question.

Apparently, “mental activity” is no longer a requirement to be a federal judge.

Got that?  “Mental activity” can be regulated by Congress, which is something that the Founding Fathers obviously intended to be a proper federal role.  For those of you on the left, the last part of the prior sentence was sarcasm.

Interestingly, remember when Chairman O got snippy with George Snuffalupagus (or whatever the h3ll his name is) about how ObamaCare’s individual mandate was a tax…then argued in court that Congress could issue the mandate because the Constitution allows Congress to tax?  Yeah, the Kerryesque “it actually wasn’t a tax, before it was”?  Well, even this Clinton judge rejected that notion, saying that the Commerce Clause allows Congress to regulate our thoughts and that alone was reason enough to allow the mandate to stand.

Orwell just called.  He asked if we still think he was paranoid for writing 1984.


February 23, 2011 - Posted by | big government, Constitution, health care, judiciary, shameful


  1. He wasn’t paranoid…he was just a couple of decades premature!

    I DESPISE LIBERAL JUDGES!!! They do NOT rule on law, they just RULE.

    Comment by Kevin | February 24, 2011

  2. Oh, and by the way, WHEN WILL THIS EVER STOP? I am so very nauseated with the liberal legal legislators (judges) that so completely and utterly mutate the wording of law in order to insert their agendas. I swear…I wish we had a different system! This one is BROKEN, and the likelihood of it being repaired looks to me about ZERO…if my old car breaks down so completely that it is clear that I need to buy a new one, I get a new one.
    We need a new system that the left can’t dictate with their insidious twisting…this was has been totaled.

    Comment by Kevin | February 24, 2011

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