Are health care law cases undermining respect for the law?


    by Paul Goldman

    There have been five lower court decisions involving suits challenging what the Republicans disrespectfully call “Obamacare.” Three were decided by Federal judges appointed by a Democratic President. All three judges found the law constitutional.

    There have been two other cases decided by federal judges appointed by Republican presidents.

    They found the opposite, declaring “Obamacare” in whole or part unconstitutional.

    According to famed New York Yankee catcher Yogi Berra, some things are just too coincidental to be a coincidence.

    Does this series of 5 decisions meet the Berra test? Probably not. But 5 more would make a perfect 10.

    Legendary Supreme Court Justice Oliver Wendell Holmes said that the Constitution could survive quite well if the courts didn’t have the right to overturn an act of Congress. I am not sure I agree, siding with CJ John Marshall on this point of constitutional law. However, there is nothing in the Constitution which directly gives the Supreme Court the power to overturn an act of Congress.

    Strangely, Mr. Cuccinelli and others who claim to be only following the “original intent” on the Constitution never mention this fact.

    The fact is, with power comes responsibility. Today, however, in the court rulings on “Obamacare,” we are heading down a slippery slope. Hitting bottom is the last thing the nation needs right now.  


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