Tuesday, February 22, 2011

Federal Judge Says Health Reform Constitutional, "Passive" is an affirmative action, a choice to do nothing.

Wow, this federal judge explained it so simply. Health care reform is now ahead 3 to 2, with the constitutionality of it pretty much settled...right. Judge Kessler called it a game of semantics.  It's like me deciding (taking action), not to pay my energy bill. I didn't lift a finger, but it doesn't mean I don't need heat or electricity or that I won't ever have to pay for it. TPM:
A federal judge on Tuesday upheld the health care reform law … and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution. 
U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause. 
"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality." 
Kessler, however, rejected the argument that Congress had the authority to enact the Affordable Care Act under the General Welfare Clause because Congress "did not intend [the law] to operate as a tax." 
The Justice Department welcomed the ruling, which was the "third time a court has reviewed the Affordable Care Act on the merits and upheld it as constitutional," a spokeswoman said in a statement.


  1. Instead of arguing about whether the bill is constitutional or not they should try to find a compromise because there clearly are some very good provisions such as the one which says that nobody can be denied health insurance based on pre-existing condition.

  2. I agree, it can be tweaked in a way to make it less controversial. But think of the chances of getting one Republican to agree to that.