A hat tip to John at Improved Clinch for a lead on an article that takes my breath away. The latest Federal judge to rule that Obamacare is constitutional ruled that the government may regulate what you think under the commerce clause. The American Spectator provides some more details:
The ruling by the Clinton appointee, U.S. District Court Judge Gladys Kessler of the District of Columbia continues the pattern of Democratic-appointed judges siding with the Obama administration and Republican judges siding with the plaintiffs in ruling the mandate unconstitutional.
(actual x-ray of Judge Gladys Kessler, courtesy of the Kraft clinic)
And the "good judge" herself said, in phenomenal example of reaching a decision and then trying to rationalize it,
As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power...However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not “acting,” especially given the serious economic and health-related consequences to every individual of that choice. Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.While many of us refer to us as being a nation WROL - and in many ways we are - this is the opposite. This is regulation of everything, because if the Fed.gov can regulate "mental activity" - what we think - they truly can regulate every aspect of our lives. Ignoring the "how would they know?" question that says thought has to be translated into action for them to know what you're thinking. Pending Minority Report.
(Actress Samantha Morton, copyright Spielberg and Twenty Century Fox and all that - but you knew that)
Did you think a hostile thought about the fed.gov? Did you mentally rebel against your mandatory weight loss program, or mentally curse your mandatory smoking-cessation program? Did you think unkind thoughts about having to floss? These could be regulated, too.
It's not a coincidence that the President and Executive branch threw out their constitutional duty this week, and declared themselves above the law by announcing they were not going to enforce a law they didn't like. It's not supposed to work that way.
Someone once said the key to understanding the United States is to imagine your favorite guy implementing some policy or law you love, then give that same power to your most detested enemy on the planet.
If you're against the Defense of Marriage Act and think the president should have the right to not enforce it, think long and hard how you'd feel if your worst enemy, say President George W Bush, or President Sarah Palin or President Michelle Bachmann, suddenly decided that they were going to outlaw abortion because Roe vs. Wade wasn't a good constitutional decision. Can you imagine the outcries we would have if W had done that?
If abortion and gay marriage are too emotional for you, what about the FCC telling congress to take a hike and instituting Net Neutrality laws. If you like that, how will you like it when another FCC rules all Internet content must be safe for 6 year olds? Or that satellite broadcasters and premium movie channels must obey the same censorship laws as conventional TV? If you think the EPA should have the right to regulate CO2, do you think another EPA in a few years should deregulate lead in your water, or mercury in your tuna?
Do you think regulations should go back and forth like that? Depending on who grabbed power? Depending on how well a few thousand voters slept the night before the election, or how many votes are faked? If you think that's a good thing, you're not well.
This is thugocracy. Totalitarian, fascistic, executive-driven government. If you are in the inner circle, and spread your money around, you can get away with anything. If you're not in the inner circle, well, as has been said, if you're not at the table you're on the menu.