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Legislative Malpractice

The subject of the Barrett Confirmation Hearing was largely Obamacare … as if Judge Barrett has anything to do with that legislative train wreck. The law as written is, was, and always has been unconstitutional. The Court breathed life into it invoking the taxing power of the federal government overriding unconstitutional violations of the contract clause. Now that the law has been stripped of its penalty provisions (a/k/a “the Individual Mandate”) … it will and should collapse of its own weight. That doesn’t have anything to do with Judge Barrett. That has to do with the predictable Congressional abdication of the execution of their constitutional duties according to their oath. You see, this is what happens and these are the consequences of encouraging people to approve legislation without reading it. This is what happens when you generate a wheel barrow load of paperwork without care, concern or consideration as to whether it violates the constitutional rights of Americans … personal political objective and legacy considerations notwithstanding.

If it is to be repealed … Barrett doesn’t own it. It has been this complicity of partisan carelessness that has required it … and keeping Barrett or anyone else for that matter off the court won’t stop it without a measure of disingenuous judicial activism that would make the Roberts tax opinion look tame. Hear me and understand, my friends, your health care sympathies, commercial self-interest, or political objectives aren’t sufficient reasons to keep unconstitutional laws on the books. That’s not how this works.


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