Skip to comments.Federal Judge Rules Congress Can Regulate "Mental Activity" Under Commerce Clause
Posted on 02/23/2011 8:10:37 AM PST by ConjunctionJunction
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 Congresss 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.
(Excerpt) Read more at spectator.org ...
“Congress can regulate “Mental activity” under the interstate commerce clause? That’s a new one. “
Giving new meaning to the “Thought Police”?
If they tax it no democrat would have to pay.
Which is why the democrats have exemptions for their own? No mental activity to speak of.
This is a horrible, horrible ruling.
IOW Mind Control?
It must be so. How else to justify the thought police?
do i buy ins? no because i have va but i my wife and stepdaughter have it, we pay for it because wechoose to, it is smart to have ins. but no one should be forced to buy anything esp. by fedzilla!
Someone PLEASE tell me the original article came from “The ONION” or John Siemens or one of the other FR Satire favorites!
Ping John Siemens
It’s a twisted decision, to say the least. A lack of commercial activity is NOT commercial activity, any more than a lack of criminal activity IS criminal activity.
What a complete nut.
Nah. Just the realization of our worst nightmares. Nature imitating art.
These people and their pretzel logic. Is the Commerce Clause supreme now? Does it override everything in the Constitution and BOR? Does the govt now have the right to compulsory economic activity down to the most basic needs, completely overriding the 9th and 10th amendments? Idiocy.
I wish, but no.
Then ... Wisconsin is the LEAST of our PROBLEMS!!
Article I, Section 10 provides protection.
I wonder if that Judge can figure out what I’m thinking, right now...
Hope you have your tin-foil hat on!
“I wonder if that Judge can figure out what Im thinking, right now...”
You better stop it now, or they will send the ‘Mental Health Police’ after you.
They know where you live. They can track your ‘thoughts’!