Another day, another ruling by a federal judge – this time Federal District Court Judge Norman K. Moon, who sits in Lynchburg – who “rejected the argument by plaintiffs around the country that the Commerce Clause of the Constitution does not empower Congress to require Americans to buy a commercial product like health insurance.” Judge Moon’s complete, 54-page ruling is available here. Key points in the ruling against Liberty University’s lawsuit:
*”Plaintiffs fail to allege how any payments required under the act, whether fines, fees, taxes, or the cost of the policy, would be used to fund abortion.”
*”Congress acted in accordance with its constitutionally delegated powers under the Commerce Clause when it passed the employer and individual coverage provisions of the Act.”
*”The individual coverage requirement is a valid exercise of federal power.”
*”Congress has the power to offer states the choice of regulating private activity according to federal standards or having state law preempted
by federal regulation.”
*”The Act explicitly states that no plan is required to cover any form of abortion services.”
In short, Liberty’s suit is complete crap, as is Ken Kookinelli’s. Hopefully, that case will be tossed out as well, as it richly deserves to be.