What most Americans do not know about the current legal challenges against ObamaCare: the constitutional resolution depends exclusively on how the case for adjudication is written.
Texas Attorney General Greg Abbott says often that if the case is presented as a judgment about the individual mandate requiring individuals to purchase a certain private sector product or service, “we win.”
If, on the other hand, the case is presented as a matter of whether the federal government can control health care, as it does with Medicare, “we lose.”
Georgetown law professor Randy Barnett, counsel for Angel Raich in the Supreme Court’s Raich case, coined what he called “the dirty little secret of constitutional law” – whether a petitioner will find relief in federal court “depends on which accurate description a court chooses to accept.” He sums up: A “court may rule however it wishes simply by choosing how to describe the right.”
It is this court’s discretion on how to phrase the constitutional issue that makes U. S. District Judge Henry Hudson’s recent rendering so vital to the case. He refused to dismiss a Virginia lawsuit challenging the constitutionality of the federal health care law.
Note that he focused on the issue of the individual mandate, not on the matter of whether the federal government can control health care. “While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate – and tax – a citizen’s decision not to participate in interstate commerce. Neither the U. S. Supreme Court nor any circuit court of appeals has squarely addressed this issue.”
He who frames the argument wins the case. Of equal critical important, Judge Hudson also granted the Virginia petition standing. (Excerpt) Read more at hcnonline.com ...
How about the American people suing these lying, power-hungry Elitists for their deception and out and out lies and treason associated with their DeathCare. They should all be investigated, prosecuted, and sharing jail time in Gitmo with their allies.
Rush spoke about their lies and deception this morning. It is already documented and on tape.