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The Spectacle Blog
Here’s a Rorschach Test for conservatives: could the Obamacare suit turn out to be a bigger Supreme Court decision than Roe v. Wade?
Ilya Shapiro of the libertarian Cato Institute thinks so:
Indeed, this litigation implicates the future of the Republic as Roe never did. On both the individual-mandate and Medicaid-coercion issues, the Court will decide whether the Constitution’s structure - federalism and enumeration of powers - is judicially enforceable or whether Congress is the sole judge of its own authority. In other words, do we have a government of laws or men?
View all comments (13) | Leave a comment
More Blog Posts by Joseph Lawler
http://spectator.org/blog/2011/11/14/obamacare-case-bigger-than-roe
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Al Adab| 11.14.11 @ 1:03PM
Spot on. This is the biggest and most significant Federalism case in decades. Frankly, given the number of states exercising opt out, it is quite likely to set off a new nullification crisis.
The court, to avoid the implications of that, needs to strike down the mandate provision. Otherwise the States will defy the court and the entire system will be endangered. That is a high price to pay for this attempt at tyranny.
ncatty| 11.14.11 @ 1:15PM
Another way of putting it is asking the question: Is there any limit to the power of the Federal government?
LarryK| 11.15.11 @ 9:14AM
Thank you Mr. Lincoln!
Dai Alanye | 11.14.11 @ 1:50PM
These are two sides to the same coin, representing Federal intervention into what are Constitutionally-reserved decisions for the states. But of the two, Roe vs Wade must be considered more significant.
Al Adab| 11.14.11 @ 2:02PM
In the sense that Roe established a state religion in the worship of Choice and that millions died as a result, you are correct. The danger here is that the nation will literally fracture.
John Navratil| 11.14.11 @ 7:09PM
Dai Alanye,
Roe's catastrophe was that it, ignoring the 10th amendment, invalidated the laws of the states and silenced the voice of the people. It did not, however compel abortion. This catastrophe goes a step further. Perhaps the moral implications are not as great, but the destruction of our republic is suffering a greater blow.
Bill| 11.14.11 @ 2:30PM
Obamacare was passed hoping to get Obama get reelected, while it devastated the Democrats in 2010, and in 2012, it will bring Obama down. Live by swords, die by swords.
John Navratil| 11.14.11 @ 7:10PM
Bill,
I didn't think Carter could get elected. I thought Obama was easier for McCain to beat than Hillary. I was wrong!
9thID| 11.14.11 @ 2:32PM
Roe's legalizing and institutionalizing the genocide of defenseless unborn children is "bigger" than ObamaCare?! Secular humanism's moral relativism has deep roots in Obama's Amerikka...
RJ| 11.14.11 @ 4:45PM
The Obamacare decision will be the most profound case in our lifetime if the court holds that it is legal because it will mark the end of any legal limits on the federal government.
MarkJ| 11.14.11 @ 7:15PM
"The Obamacare decision will be the most profound case in our lifetime if the court holds that it is legal because it will mark the end of any legal limits on the federal government."
Wrong. Limits will most certainly be imposed on the federal government. And the means used to enforce them will likely be nothing short of a revolution. Stuff happens and it often happens in totally unexpected ways.
Think of this: If you had walked into any saloon on either side of the Mason-Dixon Line back in April 1860 and informed its patrons that Southern chattel slavery would be abolished within just five years--but only after a horrific war resulting in 600,000 dead ...they would have guffawed and then tossed you head first into the muddy street.
Quartermaster| 11.14.11 @ 7:41PM
Mark, Lincoln would have been in the crowd that threw you in the street. Lincoln had no truck with the slaves, but he was willing to violate every law in the book to hold the South in new England's raw deal.
The true beginning of problems we now have with FedGov started with Lincoln's election. As a result, we have no rule of law. The main irony is the Dems, who were the conservative party of that period is the moonbat party today. The GOP is the same leftist progressive party it has always been.
John B| 11.15.11 @ 12:38AM
Wrong. The Supreme Court will only rule on one significant part of the bill-the mandate.They will rule it to be unconstitutional , and the rest of the bill will be put into place as is, but without the mandate. Obama didn't even want the mandate, if you remember from the debates in 2008. This whole Supreme court ruling on healthcare being the biggest thing since Roe v Wade is garbage.