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The Mandate Decision

The CNN story about U.S. District Judge Henry Hudson’s decision isn’t very informative, but they included a link to the decision [PDF, alas].

Basically the judge said that Congress can’t magically make “inactivity” into “activity” so it can regulate it, and it can’t turn a “penalty” into a “tax” by stuffing it in the Tax Code.

He did not rule the entire law unConstitutional, only the mandate. Virginia was attempting to get the whole thing thrown out because Congress didn’t include a standard severability clause that would allow for individual provisions to be removed without affecting the entire law. The judge essentially ruled that Congress just overlooked it in the rush to get the bill done, because the clause has become standard procedure, besides the issues were going to be settled in higher courts, so there was no point in doing anything dramatic.

The decision shows a very reasoned and workman-like approach to the case. It covers the arguments presented by both sides and rendered a decision based on established precedent and the actual text of the law. If you read it, his point was declaring “inactivity”, not buying insurance from a private company, to be an “activity” under the Commerce Clause was above his pay grade.

No soaring rhetoric, but no “judicial activism”. The Feds couldn’t convince him that not doing something was the equivalent of doing something.

Of course, I’m prejudiced, because I never accepted that particular piece of “legal fiction”.

December 13, 2010   12 Comments


This is my firmly held opinion of the people who follow the lead of Barack Obama in the Executive Branch, the Legislative Branch, the Democratic Party, and the blogs. If you haven’t figured out by now that he is to the right of even the Blue Dogs and is only prepared to attack those on the left, you should just become Republicans and stop wasting the time, money, and energy of the progressive half of the electorate.

December 13, 2010   6 Comments

The Feast of Saint Lucia

This is Saint Lucia’s Day for Scandinavians.

It features special treats that are handed out by a girl wearing a crown of candles, Lucia coming from the Latin for light, LUX.

Saint Lucia was an early Christian martyr from Syracuse on Sicily, but her official feast day, December 13, fit perfectly with the local pagan celebration of the Lussi on December 13, which was the Winter Solstice at the time. Yep, more cover to continue the fun mid-winter celebrations by pretending they are associated with Christianity to get the Church off everyone’s case.

December 13, 2010   7 Comments