Jack Kenny
The New American
29 March 2012
Chief Justice John Roberts said Wednesday what has long been known but seldom spoken. During the third and final day of Supreme Court hearings on whether the Patient Protection and Affordable Care Act of 2010 is unconstitutional, Roberts said states have been compromising their sovereignty for decades through increased reliance on the federal government for money and accompanying directions on the governance of state affairs.
“It seems to me that they have compromised their status as independent sovereigns because they are so dependent on what the federal government has done,” the chief justice said during Wednesday’s nearly three hours of hearings on the controversial health insurance law…
…Paul Clement, a former U.S. Solicitor General and current Georgetown Law School professor, argued for the 26 states opposing the law that requiring the states to expand the Medicaid program or lose the federal funding would have a “coercive” effect, a claim that drew a sharp rebuttal from Justice Elena Kagan “It’s just a boatload of federal money for you to take and spend on poor people’s health care,” she said. “It doesn’t sound coercive to me, I have to tell you.” Roberts observed that the states have been accepting federal money and conditions attached to it, “since the New Deal” of the 1930s…
…the National Federation of Independent Businesses argued that the law goes beyond the powers delegated to Congress by the constitution, particularly the provision authorizing Congress to regulate commerce among the states. Under the Affordable Care Act, regulation of commerce includes a requirement that all chain restaurants list the calorie count of each item on the menu.
Other lesser-known provisions, said Art Thompson, CEO of the John Birch Society, include home visitations by government agents, the possibility of forced immunizations and “Community Transformation Grants.” The law in total, Thomson said, “will intrude on every aspect of life in America, from cradle to grave.”
The complete article is at The New American.
H/T GTF
Update: Obamacare Day 3: Does Medicaid Expansion Violate 10th Amendment?
