National Review: ObamaCare Decision Invites Supremes to Limit Federal Power

For all of you who felt totally deflated over the lated decision by the courts on Obamacare, Ms. Galen of the Galen Institute has read the decisions and apparently others have as well and one of the judges through out the gauntlet to the Supreme Court when he said the commerce clause was now being used for pretty much everything and it might be time for the court to revisit some cases that made it thus.  As we all know the commerce clause was meant to have very limited impact and was mostly to make sure the states played fair with each other..........not what it is used for by liberals!


excerpt from the National Review Article:

Judge Sutton explained that lower-court judges have a “duty to respect the language and direction of the Court’s precedents.” He said it is not within the powers of any lower court to reverse those precedents. “A court of appeals cannot” move beyond these judicial precedents, he repeats. Hence his vote to uphold the law was based upon previous liberal interpretations of the Commerce Clause.

Only the Supreme Court can decide if interpretations of its previous decisions (about a farmer’s production of wheat or growing marijuana) have “outstripped the facts,” or if subsequent interpretations have made “broader and more extravagant assertions of legislative power . . . impervious to challenge,” Sutton writes.

The judge argues that “commerce power has ‘evolved over time’ in favor of greater congressional power,” but adds that this “need not invariably be the case, lest each expansion of federal power beget another, piling one inference of an unlimited national police power onto another.”

But he suggests that the health law presents the Supreme Court with the opportunity to finally put the brakes on the extravagant use of the Commerce Clause to expand federal power to unprecedented levels.

Sutton wrote: “Today’s ‘question’ about the ‘extent of the powers’ granted to Congress goes primarily to its commerce power to compel individuals to buy something they do not want (medical insurance) as part of a regulatory system that a majority of elected representatives do want (national health care). If the commerce power permits Congress to force individuals to enter whatever markets it chooses, any remaining hold on national power will evaporate.”


Thank you Judge Sutton!


You can read the rest of the story here:


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