A Federal Judge Finally Exposes the Lies at the Heart of Obamacare

A federal judge in Texas has brought long-overdue clarity to our interminable debate over health care reform. On Friday, District Judge Reed O’Connor struck down Obamacare in its entirety, arguing that the individual mandate—the part of the law that forces American to buy insurance or pay a penalty—is unconstitutional. Because O’Connor ruled that the mandate can’t be separated from the rest of the health care law, he invalidated the whole thing.

It’s about time. No serious person has ever doubted that the individual mandate was unconstitutional, because no possible reading of the Commerce Clause could support such an outlandish scheme. As the late Justice Antonin Scalia noted during oral arguments before the Supreme Court in 2012, if the government can force you to buy health insurance under the Commerce Clause, it can also force you to buy broccoli, or a car, or pretty much anything. Allowing the individual mandate under the Commerce Clause powers would give Congress unlimited authority to regulate almost every aspect of our lives.

In his majority opinion for that case, Supreme Court Chief Justice John Roberts declared rather straightforwardly that, “The Federal Government does not have the power to order people to buy health insurance.” But then Roberts did something not straightforward at all. He construed the penalty—the Orwellian-sounding “shared responsibility payment”—as merely a tax, and therefore permissible under the federal government’s taxing power. By this rather crude rhetorical legerdemain, Obamacare survived.

Of course, the individual mandate penalty was never a tax, and everyone knows it. When Congress passed last year’s tax bill, it set the penalty to zero, beginning next year. That one move exposed the cynical heart of Obamacare for what it is. If there is no penalty, and no revenue being brought in for the federal government, then the penalty isn’t a tax. And because the individual mandate violates Congress’ authority under the Commerce Clause, the mandate must be struck down, along with the rest of the law. . .

All of this underscores the blunt reality that Obamacare was always at heart a bad-faith proposition. The basic operation of the law, never stated or acknowledged by its authors, was to force younger, healthier people to subsidize health insurance for older, sicker people. It was a redistribution scheme, plain and simple. (Read more from “A Federal Judge Finally Exposes the Lies at the Heart of Obamacare” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.