A 'Fairly Obvious' Error in Judge's Ruling on Health Care Reform?

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by Synthaholic, Dec 15, 2010.

  1. Synthaholic
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    Synthaholic Platinum Member

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    A 'Fairly Obvious' Error in Judge's Ruling on Health Care Reform?


    Supporters of President Obama's health care reform are seizing on an analysis by The Volokh Conspiracy's Orin Kerr, who says the judge who found the insurance law unconstitutional made a "fairly obvious and quite significant error."

    Kerr, a law professor at George Washington University, points to this passage in the ruling of Judge Henry Hudson:
    If a person's decision not to purchase health insurance at a particular point in time does not constitute the type of economic activity subject to regulation under the Commerce Clause, then logically an attempt to enforce such provision under the Necessary and Proper Clause is equally offensive to the Constitution.
    Kerr writes, "Judge Hudson does not cite any authority for this conclusion: He seems to believe it is required by logic. But it is incorrect." The Necessary and Proper clause gives Congress the power to do stuff not otherwise listed in the Constitution. Saying "that the Necessary and Proper Clause only permits Congress to regulate using means that are themselves covered by the Commerce Clause," means the Necessary and Proper clause is meaningless, Kerr says. The Supreme Court has not interpreted the clause that way, which means case law gives the federal government a "fairly straightfoward argument" in defending the health care law under the Necessary and Proper clause. Kerr continues: "Judge Hudson's error leads him to assume away as a matter of 'logic' what is the major question in the case. That is unfortunate, I think."

    ....


    More at the link.
     
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  2. R.C. Christian
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    R.C. Christian Gold Member

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    People, obamacare is a tyranny to match all tyrannies. Those involved should be tried and put in prison if not forced to pay the ultimate price, but this isn't a fight we'll win. Even an eventual SCOTUS show down is no guarantee, as a matter of fact, it's probably a death sentence and window of opportunity for future tyrants like Obama and his henchmen. I don't have a good feeling about this.
     
  3. Synthaholic
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    Stop blabbering and address the OP.
     
  4. Revere
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    He's full of shit. The Constitution was written to limit what government can do, not leave windows open for pinhead judges to tell people what to do.
     
  5. Revere
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    The Necessary and Proper Clause refers to powers already enumerated elsewhere in the Constitution.
     
  6. Revere
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    Why have a Constitution, or judges to rule on it, if the Necessary and Proper clause lets Congress do whatever the hell they want anyway?
     
  7. Synthaholic
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    Synthaholic Platinum Member

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    Do you know who Orin Kerr is?
     
  8. Synthaholic
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    Synthaholic Platinum Member

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    Education
    B.S.E., Princeton University; M.S., Stanford University; J.D., Harvard University
    Biographical Sketch
    Professor Kerr teaches criminal law, criminal procedure, and computer crime law. His articles have appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, University of Chicago Law Review, Michigan Law Review, Virginia Law Review, New York University Law Review, Georgetown Law Journal, Northwestern University Law Review, Texas Law Review, and many other journals. According to the most recent Leiter Rankings, Professor Kerr ranks #7 among criminal law scholars in the United States for citations in academic journals. Kerr’s scholarly articles also have been cited by most of the U.S. Courts of Appeals and over two dozen federal district courts.

    Before joining the faculty in 2001, Professor Kerr was an honors program trial attorney in the Computer Crime and Intellectual Property Section of the Criminal Division at the U.S. Department of Justice as well as a special assistant U.S. attorney for the Eastern District of Virginia. He also is a former law clerk for Justice Anthony M. Kennedy of the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit. In the summer of 2009 and 2010, he served as special counsel for Supreme Court nominations to Senator John Cornyn on the Senate Judiciary Committee. In 2006, Kerr was a visiting professor at the University of Chicago Law School. In the Spring 2011 semester, he will be a visiting professor at the University of Pennsylvania Law School.

    Professor Kerr is a co-author of the leading casebook in criminal procedure with Yale Kamisar, Wayne LaFave, Jerold Israel, and Nancy King, now in its 12th Edition. He is also a co-author of the leading treatise in criminal procedure (with LaFave, Israel, and King) and is the author of a law school casebook on computer crime law. Kerr is frequently interviewed by major media outlets, and his scholarship and advocacy have been profiled in the New York Times and National Public Radio.

    The GW Law Class of 2009 voted to award Professor Kerr the Distinguished Faculty Service Award, the Law School’s teaching award. Kerr has also represented criminal defendants in criminal cases. He recently briefed and argued a criminal appeal in the Sixth Circuit, and he represented Lori Drew pro bono against federal criminal charges brought in Los Angeles.

    Before attending law school, Kerr earned undergraduate and graduate degrees in mechanical engineering. Kerr posts regularly at the popular blog “The Volokh Conspiracy,” available at The Volokh Conspiracy. He is a member of the American Law Institute, and he was recently elected to the steering committee of the Criminal Law and Individual Rights Section of the District of Columbia Bar.

    Professor Kerr will be on leave for the 2011 Spring semester.


    ...




    He's a far-Right law professor.
     
  9. R.C. Christian
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    R.C. Christian Gold Member

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    What pride makes you believe you are worthy of me addressing you?
     
  10. Synthaholic
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    Synthaholic Platinum Member

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    If you are going to post hysterically, at least post hysterically regarding the actual OP.

    Thanks.
     

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