Comment

Conservative Federal Appeals Judge: Case Against Affordable Care Act Has No Basis In the Constitution

2
KingKenrod11/08/2011 1:32:33 pm PST
It certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family.

How unbelievably unpersuasive. All of these examples assume action: owning & running a hotel, seeking treatment in the healthcare market, or growing wheat. So calling it “no more so” an encroachment is flatly false: it is “more so”.

Also it’s nice of the justice to admit this is an automatic encroachment of the liberty of every single person in the US, in case there was any doubt about the reach. If this particular case is reviewed by the Supreme Court, the justices will surely take note of that.