2confidencegames
2lookingforthegoodwar
storyparadox2
Tad Friend 360x1000
1gucci
3albion
2albion
Samuel Johnson 360x1000
James Gould Cozzens 360x1000
4confidencegames
1falsewitness
AlexRosenberg
George M Cohan and Lerarned Hand 360x1000
Anthony McCann1 360x1000
2defense
6albion
storyparadox3
Storyparadox1
Susie King Taylor 360x1000
5confidencegames
1lauber
14albion
12albion
2transadentilist
11albion
1trap
Thomas Piketty2 360x1000
Margaret Fuller 2 360x1000
George F Wil...360x1000
4albion
Betty Friedan 360x1000
Learned Hand 360x1000
2lafayette
Anthony McCann2 360x1000
Gilgamesh 360x1000
299
Adam Gopnik 360x1000
6confidencegames
3confidencegames
1defense
Margaret Fuller 360x1000
Maurice B Foley 360x1000
1madoff
Lafayette and Jefferson 360x1000
Edmund Burke 360x1000
Brendan Beehan 360x1000
Margaret Fuller3 360x1000
3defense
1empireofpain
Mary Ann Evans 360x1000
Ruth Bader Ginsburg 360x1000
LillianFaderman
1transcendentalist
2trap
8albion'
1lafayette
1albion
Thomas Piketty1 360x1000
lifeinmiddlemarch2
Susie King Taylor2 360x1000
499
Stormy Daniels 360x1000
2jesusandjohnwayne
9albion
Margaret Fuller2 360x1000
1confidencegames
2gucci
Maria Popova 360x1000
1jesusandjohnwayne
Margaret Fuller4 360x1000
2falsewitness
1paradide
1lookingforthegoodwar
Margaret Fuller1 360x1000
2theleastofus
Spottswood William Robinson 360x1000
1theleasofus
Richard Posner 360x1000
Mark V Holmes 360x1000
3paradise
399
10abion
7confidencegames
2paradise
3theleastofus
Office of Chief Counsel 360x1000
13albion
5albion
Thomas Piketty3 360x1000
7albion
Margaret Fuller5 360x1000
lifeinmiddlemarch1
199
11632

This was a originally published on Passive Activities and Other Oxymorons on December 15, 2010.  This issue was resolved by the Supreme Court in June of 2012.  By hovering over Scotusblog I was able to break the story earlier than most.

_____________________________________________________________

COMMONWEALTH OF VIRGINIA v. SEBELIUS, Cite as 106 AFTR 2d 2010-7333

This is barely within the ambit of my blog and also is something that everybody else is going to be discussing, another reason for me to not weigh in, but I will anyway since my brief sampling on the commentary already out indicates that something might be missing.

Commonwealth of Virginia v. Sebelius is on the constitutionality of the portion of the health care bill that calls for a tax or penalty on someone who does not purchase health insurance :

First, the Commonwealth contends that the Minimum Essential Coverage Provision, and affiliated penalty, are beyond the outer limits of the Commerce Clause and associated Necessary and Proper Clause as measured by U.S. Supreme Court precedent. More specifically, the Commonwealth argues that requiring an otherwise unwilling individual to purchase a good or service from a private vendor is beyond the boundaries of congressional Commerce Clause power. The Commonwealth maintains that the failure, or refusal, of its citizens to elect to purchase health insurance is not economic activity historically subject to federal regulation under the Commerce Clause.

Alternatively, the Commonwealth contends that the Minimum Essential Coverage Provision cannot be sustained as a legitimate exercise of the congressional power of taxation under the General Welfare Clause. It argues that the Provision is mischaracterized as a tax and is, in actuality, a penalty untethered to an enumerated power. Congress may not, in the Commonwealth’s view, exercise such power to impose a penalty for what amounts to passive inactivity.


Lastly, the Commonwealth asserts that Section 1501 is in direct conflict with the Virginia Health Care Freedom Act. Its Attorney General argues that the enactment of the Minimum Essential Coverage Provision is an unlawful exercise of police power, encroaches on the sovereignty of the Commonwealth, and offends the Tenth Amendment to the U.S. Constitution

The District Court for the Eastern District of Virginia agreed with the Commonwealth

On careful review, this Court must conclude that Section 1501 of the Patient Protection and Affordable Care Act—specifically the Minimum Essential Coverage Provision—exceeds the constitutional boundaries of congressional power.

It did not, however, issue an injunction since nothing is really happening with this until 2013, which is why I wouldn’t normally pay attention to it.  What I’ve seen missing from the comments on this is that two other courts have ruled that the act is constitutional:

LIBERTY UNIVERSITY, INC v. GEITHNER, Cite as 106 AFTR 2d 2010-7174, 11/30/2010

The conduct regulated by the individual coverage provision is also within the scope of Congress’ powers under the Commerce Clause because it is rational to believe the failure to regulate the uninsured would undercut the Act’s larger regulatory scheme for the interstate health care market

These guys also raised religious and free speech arguments all of which went nowhere.  This decision was the by the District Court for the Western Division of Virginia.

THOMAS MORE LAW CENTER v. OBAMA, ET AL., Cite as 106 AFTR 2d 2010-6720, 10/07/2010

In this case the court found that the insurance requirement was within the realm of the Commerce Clause.  I managed to find something amusing so I posted on that decision a while ago.  The Thomas More decision was by the Eastern District of Michigan.
There is also:

STATE OF FLORIDA v. U.S. DEPT. OF HEALTH & HUMAN SERVICES, Cite as 106 AFTR 2d 2010-6761, 10/14/2010

That suit withstood a motion to dismiss.  The latest I see on it is that it will be heard on December 16.