The White House Is Still Defending Biden's Failed FAA Nominee
Why the Nashville Christian School Shooting Is About to Disappear from the News...
Joe Biden Is a 'Dictator' According to Joe Biden
Now Trump Says DA Alvin Bragg Has Dropped the Case Against Him
Police Confirm Nashville School Shooting Suspect Identified as Transgender
CBP Data Shows How Big of a Problem 'Got-Aways' Have Become During Border...
Gun Control Activist Takes Over Nashville Police School Shooting Briefing
It’s Unfair the DeSantis Team Has No Leakers
New Book Debunks the 10 Greatest Myths About Capitalism
Polls Reveal Trump With Wide Lead Over DeSantis, But There's a Catch
Biden Jokes About Ice Cream Moments Before Politicizing Shooting With Call for Assault...
Tommy Tuberville Continues Holding Up Defense Nominees Over DoD's 'Illegal' Funding of Abo...
How Dianne Feinstein's Absence Is Causing a Headache for Her Party
DeSantis Signs Massive School Choice Expansion Bill Into Law
Squad Member on Bipartisan Effort to Ban TikTok: 'Republicans Ain't Got No Swag'
Tipsheet

Oh, Good: Federal Judge Rules Obamacare Constitutional Because Feds Can Regulate "Mental Activity"

AmSpec's Phil Klein has the details on the latest federal court Obamacare ruling:

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.

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.


This Clinton appointee sees no problem with the federal government imposing regulations on its citizenry's "mental activity."  What could go wrong?

Klein goes on to point out that Judge Kessler joined every other federal judge thus far in rejecting the Obama administration's legal argument that the individual mandate represents a legitimate exercise of Congress' power to tax.  This argument is ironic in and of itself because the president spent a great deal of energy insisting that the mandate was not a tax during the national healthcare debate.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Video