Modern Healthcare - - Opinions Editorials -

“Fed­eral Judge Roger Vin­son opens his de­ci­sion declar­ing Oba­macare un­con­sti­tu­tional with that ci­ta­tion from Fed­er­al­ist No. 51, writ­ten by James Madi­son in 1788. His ex­haus­tive and eru­dite opin­ion is an im­por­tant moment for Amer­i­can lib­erty, and yes­ter­day may well stand as the moment the po­lit­i­cal branches were obliged to re­turn to the govern­ment of limited and enu­mer­ated pow­ers that the framers en­vi­sioned. As Judge Vin­son took pains to em­pha­size, the case is not re­ally about health­care at all, or the wis­dom—we would ar­gue the de­struc­tive­ness—of the new­est en­ti­tle­ment.”

—Wal­lStreetJour­nal “A rul­ing ... that the en­tire health­care re­form law is un­con­sti­tu­tional was a breath­tak­ing ex­am­ple of ju­di­cial ac­tivism and over­reach. It is hard not to be­lieve this de­ci­sion was driven at least in part by ide­ol­ogy. At one point the judge ... gives a gra­tu­itous bow to Tea Party con­ser­va­tives by cit­ing the orig­i­nal Bos­ton Tea Party in a dis­cus­sion of op­po­si­tion to un­lim­ited gov­ern­men­tal pow­ers. Judge Vin­son is way out on a limb in at­tempt­ing to throw out the whole law, a pri­mary goal of the Repub­li­can Party.”


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