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Morning Jay: Why Were Liberals So Surprised By the Supreme Court?

6:00 AM, Mar 29, 2012 • By JAY COST
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One could argue…whether a requirement to purchase health insurance is really a regulation of an economic activity or enterprise, if individuals who would be required to purchase health insurance are not, but for this regulation, a part of the health insurance market…This is a novel issue: whether Congress can use its Commerce Clause authority to require a person to buy a good or a service and whether this type of required participation can be considered economic activity.

They also ignored the 11th Circuit Court decision that struck down Obamacare with a carefully constructed, 300-page decision that won the endorsement of a Clinton appointee.

They preferred to cite the 6th Circuit’s upholding of the bill, in particular conservative Judge Jeffrey Sutton’s concurrence, but they ignored his many exhortations to the Supreme Court to bring some clarity to the Commerce Clause, to set some limits to congressional power (by, for instance, striking down the law) or quit saying there are limits. They did the same when the D.C. Circuit upheld the law, and Judge Laurence Silberman similarly suggested that this was a matter ultimately for the Supreme Court to issue some guidance..

So that is why the left was so surprised. They have no intellectual sympathy for the positions articulated by the conservatives on the Supreme Court. Those opinions rarely if ever make it into their news reports, newspapers, or magazines, and insofar as they were confronted with these contrary views they just ignored them.


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