U.S. district judge Roger Vinson, in Pensacola, Florida on Monday threw out the nation’s health care law, declaring it unconstitutional because it violates the Commerce Clause.  The ruling was hailed a victory for individual rights and will surely revive a feud among competing philosophies about the role of government.  The judge ruled that as a result of the unconstitutionality of the “individual mandate” that required people to buy insurance, the entire law must be declared void.

Vinson wrote: “I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.”

In spite of the ruling, steps appear to still be taken for it’s implementation.  According to a CBS News report, “The White House officials said that the ruling would not have an impact on implementation of the law, which is being phased in gradually. (The individual mandate, for example, does not begin until 2014.) They said that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on “anything like a conventional Constitutional analysis.” Twenty-six states were involved in the lawsuit.”  A popular economics blogger Karl Denninger has even used the word “sedition” to characterise the administrations ongoing activities in spite of the ruling.  I kindly disagree.  The administration’s ongoing steps taken to implement the law, however; may rise to the standard of Contempt of Court which is equally a serious matter.

On April 12, 1999, President Clinton became the first sitting president in United States history to be held in contempt of court. The contempt charge against President Clinton stemmed from a deposition he gave in connection with a 1994 Sexual Harassment lawsuit filed by Paula Jones. Jones v. Clinton, 858 F. Supp. 902 (E.D. Ark. 1994).  Clinton was impeached four months earlier for perjury in that deposition and obstruction of justice, he was acquitted by the Senate behind closed doors on February 12, 1999.  If Judge Vinson holds the administration in contempt, it is conceivable the House of Representatives could move for an impeachment of Obama.  In my opinion, it is doubtful given that governments around the globe are themselves suffering from citizen unrest in light of rampant food inflation caused by the US Federal Reserves dollar debasement policy.

 

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