Goodbye Commerce Clause, Hello Santa Claus
Mar 29, 2012, 7:23 AM | Updated: 7:39 am
![]() Dave Ross missed Wheel of Fortune to hear the Supreme Court arguments on Obamacare. (AP Photo) |
I’ve listened to the Supreme Court arguments on Obamacare.
I missed Wheel of Fortune for this.
But I learned that if Obamacare is constitutional under the Commerce Clause, it might lead to mandatory broccoli!
“Everybody has to buy food, therefore you could make people buy broccoli.”
But suppose only parts of it are unconstitutional Justice Scalia…could you maybe keep the rest?
“You really want us to go through these 2,700 pages?”
I guess that’s a “no.”
“My approach would say if you take the heart out of this statute, the statute is gone.”
Sounds like Obamacare: RIP. We will be spared mandatory broccoli. Leaving us to wonder, what would arise in its place?
“The reason why there is cost shifting is because the government has required hospitals to provide emergency treatment and instead of paying for that with a tax that would be borne by everybody…”
Wait a minute — is Justice Alito indicating the government could just tax everyone for health care? Yes he is. That’s why Medicare is constitutional. In fact, listen to one of the anti-Obamacare attorneys answering a question from Justice Sotomayor:
“Congress can tax everybody and set up a public health care system?”
“Yeah.”
Even the opponents admit it would be constitutional just to tax everybody and set up a single-payer system! Because we all see what’s happening to insurance premiums; obviously something will have to give. So if the Commerce Clause won’t fly…we may just get the Santa Claus instead.

