acroyear: (this is news)
[personal profile] acroyear
Liberty University's challenge of federal health-care law is dismissed:
U.S. District Judge Norman K. Moon, who was appointed by President Bill Clinton and sits in Lynchburg, ruled that the law falls within Congress's constitutional ability to regulate interstate trade.
Under current SCOTUS precedents and attitudes, the Commerce Clause trumps almost everything else out there beyond anything that is a direct affront to the bill of rights, which the health bill never was nor ever could be.

This next section is something I also recall talking about, even if I never got around to writing about it:

In a 54-page opinion, Moon wrote that individuals who choose to go without insurance are nevertheless engaged in economic activity that can be regulated by Congress. That's because they will inevitably need health services when they are injured or get sick and the costs of that care will be borne by the rest of the health-care system.

"Regardless of whether one relies on an insurance policy, one's savings, or the backstop of free or reduced-cost emergency room services, one has made a choice regarding the method of payment for the health care services one expects to receive," he wrote.

and I still remain impressed that the states most complaining about "state's rights" and that this is a matter for the states are the ones that don't actually have a state-wide health-care program, and have no intention of ever getting one. My Canadian comrades in my company are still shocked at the level of ignorance about state-supported health care in this country (and the level of ignorance about how their own system works, for that matter).

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