Just because 26 states believe a federal law is unconstitutional doesn't make it so. Still, such a majority is bound to be persuasive to the Supreme Court when deciding the outer limits of the Commerce Clause. The multistate suit against Obamacare is no Lopez. It is a majority of the states saying the federal government has gone too far.
In short, the lawsuits against Obamacare are a breach of contract action against the federal government. That contract is the Constitution.
This is a very simple legal matter. Is there any limit to the Commerce Clause in the Constitution? Can Congress mandate of its citizens anything it wants? If so, what was the point of the original Tea Party?
Posted by: Stormy | 02/01/2011 at 10:29 AM