Commerce Clause

/Tag: Commerce Clause
9 Feb, 2011

The Health Care Challenge Lands at the Supreme Court

2019-03-18T18:48:06-05:00February 9th, 2011|Tags: , , , |

Bypassing the Fourth Circuit Court of Appeals, today, the Commonwealth of Virginia brought their Affordable Care Act challenge to the Supreme Court’s doorstep. The State calls on the Court to sidestep the normal appellate route and decide now whether Congress, in passing the new health care bill, transgressed its constitutional powers. The petition for writ of certiorari lays out what is at stake:

3 Feb, 2011

A Non-Political View of the Commerce Clause and Health Care

2019-03-18T18:48:06-05:00February 3rd, 2011|Tags: , , |

Ever since Federal Judge Vinson struck down the Affordable Care Act, the legal blogosphere has been saturated with various arguments as to what the Commerce Clause should mean. I do not pretend to know whether or not the Affordable Care Act is good for the country, or, even if it is good for my family—a family that earns a very middle of the road income, that has a wife that is next to uncoverable, and has one child and another on the

13 Dec, 2010

The Affordable Care Act is Unconstitutional

2019-03-18T18:48:10-05:00December 13th, 2010|Tags: , , , |

Federal District Court Judge Henry E. Hudson ruled on Monday that the Affordable Care Act's individual mandate requiring citizens to purchase health care insurance amounts to an unconstitutional expansion of the Commerce Clause. The historic 42-page ruling can be found here.  If the Fourth Circuit Court of Appeals affirms this decision and other courts find [...]