Yes Nancy, we are quite serious! VA judge rules ObamaCare’s individual mandate unconstitutional

Do you remember when Nancy Pelosi got on her high horse when asked about the constitutionality of the individual mandate?

I guess Nancy is taking things a little more seriously now.

The New York Times: A federal judge in Virginia ruled on Monday that the keystone provision in the Obama health care law is unconstitutional, becoming the first judge to invalidate any part of the sprawling act and ensuring that appellate courts will receive contradictory opinions from below.

The judge, Henry E. Hudson of Federal District Court in Richmond, said the law’s requirement that most Americans obtain insurance exceeded the regulatory authority granted to Congress under the Commerce Clause.[…]

 In a 42-page opinion, Judge Hudson wrote: “Neither theSupreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.”

Allowing Congress to exert such authority, he said, “would invite unbridled exercise of federal police powers.”

Ah, and there in lies the heart of the matter.  If government can force you to buy health insurance, then what other products can they force you to buy.  Electric cars?  Fresh fruit and vegetables?  

From the comments at the NY Times, it seems that many are convinced that the Feds already have this power because they make you buy auto insurance.  This is erroneous, because one can easily opt out of buying auto insurance by simply choosing not to drive.  There is no way to opt out of choosing to buy health insurance.  It is this clear lack of choice that puts ObamaCare on unconstitutional grounds.

In an editorial over at the Wall Street Journal, the Journal notes that some liberals are saying that mandate or no mandate, ObamaCare will stay:

The Wall Street Journal: Yesterday liberals were crowing that even if the mandate is eventually declared illegal, it's no big deal because the rest of ObamaCare's new system would remain intact. Yet they've argued for years that the mandate is essential to health reform, because the mandate is at the heart of the regulatory machine. ObamaCare without a mandate would mean individuals wouldn't have to pay into a system until they were sick, driving up costs even faster and ruining what's left of health insurance markets.

And destroying the health insurance market was the real goal of ObamaCare from the get go.

Now comes the big push to get the Supreme Court to hear this case. There was a time where the outcome could have been pretty much guaranteed.  Now a day with so many judges doing their own thing, it is hard to say with absolute certainty whether or not the individual mandate will stand.

Via: Memeorandum

Via: The New York Times

Via: The Wall Street Journal

Video h/t: Michelle Malkin

McClatchy – Marist Poll: Obama hits new low

McClatchy: WASHINGTON — President Barack Obama's approval ratings have sunk to the lowest level of his presidency, so low that he'd lose the White House to Republican Mitt Romney if the election were held today, according to a new McClatchy-Marist poll.

The biggest reason for Obama's fall: a sharp drop in approval among Democrats and liberals, apparently unhappy with his moves toward the center since he led the party to landslide losses in November's midterm elections. At the same time, he's gained nothing among independents.[…]

Overall, just 42 percent of registered voters approve of how he's doing his job, while 50 percent disapprove.

Obama's standing among Democrats dropped from a month ago, with his approval rating falling to 74 percent from 83 percent, and his disapproval rating almost doubling, from 11 percent to 21 percent.

Among liberals, his approval rating dropped from 78 percent to 69 percent and his disapproval rating jumped from 14 percent to 22 percent.

His position among independents remained virtually the same, with 39 percent approving and 52 percent disapproving. A month ago, it was 38-54.

The president's continued failure to rally independents could ruin his bid for re-election. A hypothetical 2012 matchup showed him getting the support of 44 percent of registered voters and Romney, a former Massachusetts governor, getting 46 percent.

I would not jump for glee over this poll.  Yes, the left is quite angry at Obama today, but the very same people who are wetting the bed over maintaining the tax rates for the wealthy, will be flocking to the polls in 2012 to make sure those tax rates do not become permanent under a Republican president.

I also severely doubt Romney can beat Obama.  Whoever wins the Republican nomination is going to get exactly what Sarah Palin has gotten over the last two years.  I just don’t see Mitt Romney being capable of withstanding that kind of assault. Check out this video as an example.  I think this is why the very left leaning McClatchy decided to highlight Romney beating Obama.

Via: Memeorandum

Via: McClatchy

Back to the Future, the Presidential Edition

I have said it many times before, Image Counts!  I just cannot believe how badly this administration handles optics.  During the campaign, they were so slick with optics and now it is Amateur Night at the Apollo.

Turning over a presser to a limelight loving ham like Bill Clinton is just plain foolish, but when that the limelight loving ham is VERY good at stealing the show, it becomes a first class brain dead maneuver.  I think the worst part of the episode had to be Obama’s excuse for leaving. He needed to attend Christmas Parties with Michelle, seriously?  It would have been far better to say something like; he had a meeting with Republicans, Ben Bernanke, a foreign dignitary or anything that sounded he was doing important work for the people.

Also did you notice how Bill Clinton did not even waste five seconds sending Obama on his way? It was almost like Obama was merely Clinton’s errand boy and not the POTUS.  I think this presser is going to be Obama’s Pet Goat moment.

Via: Memeorandum

Via: Mediaite