[radpolis]

“The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems,” Judge Laurence Silberman, an appointee of President Ronald Reagan, wrote in the 2-1 opinion. Silberman was joined by Judge Harry Edwards, a Carter appointee.

This does not bode well for us.

[rollo tomasi]

"The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems,"

"to the Looking-Glass world it was Alice that said 'I've a sceptre in hand, I've a crown on my head Let the Looking-Glass creatures, whatever they be Come dine with the Red Queen, The White Queen and me!'"

[TruthConquers]

“The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems,”

So, we are now Nationalist Socialists, the judge said so himself. Welcmoe to the police state.

Never mind that “health insurance” was not an enumerated power. Just like “education” was not an enumerated power, and the “environment” is not an enumerated power...........and the beat goes on...

[mo]

these are the very tyrannies the Bill of Rights is supposed to protect.

We have some interesting tomes coming along...

[CharlesWayneCT]

and yields to the imperative that Congress be free to forge national solutions to national problems

I don't know, that sounds pretty stupid to me. Under that argument, Congress could do anything they wanted, since everything can be called a national problem.

Which suit was this?

[tnlibertarian]

“The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems,”

They are right. It is not absolute. And the exceptions are clearly outlined in Congress' enumerated powers. If they are fee to forge national solutions to whatever they deem to be a national problem, then they are not constrained at all by the Constitution. If the Supreme Court upholds this ruling, then Congress will be allowed to do whatever they want. At that point, we would have an extra-constitutional government.

[EBH]

I am going to ask the stupid question...

when did healthcare become a national problem?

[mwl8787]

The USSC pays a lot of attention to Silberman and to the DC Circuit on constitutional issues.

This is not good.

[noiseman]

"The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems,” Judge Laurence Silberman"

Did anyone else catch the deceptive nature of this statement? He's creating a classic straw man. The judge's statement portrays the question before the courts as "Is there any area of our lives that is rightly subject to federal regulation?" when the actual question is "Is there any area of our lives that IS NOT subject to federal regulation?" Two entirely different questions and I suspect the judge knows it, unless he is a complete idiot.

[Clump]

In the 11th Circuit case where the 3 judge panel struck down the individual mandate, the dissenting judge was also a Reagan appointee.
And one of the two in the majority was a Clinton appointee.
The good news is that Kennedy has been fairly good (not always like Thomas) on commerce clause and 10th Amendment issues.
We have a shot.