Interestingly enough, the latest ruling against the ACA was only 60 miles from where I live. Judge Roger Vinson of Pensacola ruled that the Accountable Care Act was not proper because

Nevertheless, the individual mandate falls outside the boundary of Congress’ Commerce Clause authority and cannot be reconciled with a limited government of enumerated powers. By definition, it cannot be “proper.”

I am not an attorney but I was asked by my Dean, yesterday, what I thought about this ruling. Fortunately, I had just read Ezra Klein who quotes Simon Lazerus. Lazerus points out that upholding Judge Vinson’s ruling requires current sitting justices to overturn their own rulings.

The result, he says, would be not just a ruling against the legislation, but a ruling that would “exhume the long-dead and discredited doctrines that the pre-New Deal Supreme Court deployed to overturn laws that prohibited child labor, prescribed minimum wage levels and maximum hours.”

Won’t that make for theater as interesting as Bush v Gore which, oddly enough, also originated in Florida.

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