PolifrogBlog

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Tuesday, May 11, 2010

Undoing ObamaCare

polifrog


Via the NYT:

Some legal scholars, including some who normally lean to the left, believe the states have identified the law’s weak spot and devised a credible theory for eviscerating it.


The power of their argument lies in questioning whether Congress can regulate inactivity

...

attorneys general and governors from 20 states, all but one of them Republicans, have now joined as confident litigants in a bid to topple its central pillar. In the process, they hope to present the Supreme Court with a landmark opportunity to define the limits of federal authority, perhaps for generations.


Of course, defunding the beast would be the first and simplest step.

In the long run, the evisceration of the commerce clause's modern interpretations through the power of the courts would serve to strengthen the country at the expense of government growth.




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