Research Briefing

Yesterday’s Ruling On ObamaCare “Makes The Best Argument To Date” Against The Constitutionality Of The Individual Mandate

MSNBC’s “First Read”:  “By the way, spend some time reading Vinson's ruling; he takes on the issue and powers of the Commerce Clause in a very accessible way. It's one thing for the Obama administration to lose this court case; it's another for their opponents to find a judge who makes the best argument to date against the use of the Commerce Clause, specifically on the issue of economic INACTIVITY.”  (“First Thoughts: Watching And Waiting,” MSNBC’s “First Read” Blog, 2/1/11)

• First Read: “This is the biggest court victory yet for opponents of the law’s requirement that all Americans buy health insurance.” (“Florida Judge Rules Health Care Law Unconstitutional,” MSNBC’s First Read, 1/31/11)

Politico: “Vinson’s Ruling Was The Strongest Legal Blow To The Law Yet.” (David Nather, “Health Care Could Be High-Court Nail Biter,” Politico, 2/1/11)

• Politico: “At stake is the biggest social legislation in a generation, and the defining achievement of Obama’s presidency. … It’s a showdown that could define limits of federal power for decades to come, pitting Obama’s view of an activist federal government against a more narrow reading of federal authority.”  (David Nather, “Health Care Could Be High-Court Nail Biter,” Politico, 2/1/11)

The Wall Street Journal: “[Federal Judge Roger Vinson’s] 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.”  (Editorial, “The Constitutional Moment,” The Wall Street Journal, 2/1/11)

• WSJ: “Judge Vinson took pains to emphasize, the case is not really about health care at all, or the wisdom—we would argue the destructiveness—of the newest entitlement. Rather, the Florida case goes to the core of the architecture of the American system, and whether there are any remaining limits on federal control.” (Editorial, “The Constitutional Moment,” The Wall Street Journal, 2/1/11)
• WSJ:  “The Administration contends that not purchasing insurance—inactivity—is really activity, because everyone will eventually need medical care and their costs will be transferred to the insured. But Judge Vinson dissects that as a ‘radical departure’ from the Constitution and U.S. case law.”  (Editorial, “The Constitutional Moment,” The Wall Street Journal, 2/1/11)
• WSJ: “The legal morass is the biggest blow yet to the law since President Barack Obama signed it in March.”  (Janet Adamy, “Judge Rejects Health Law,” The Wall Street Journal, 2/1/11)

CQ’s Craig Crawford: “With so many lawsuits going in all directions, at some point the Supreme Court will have to deal with it. The argument (which Vinson bought) that Congress has no power to require all Americans to buy health insurance appears to be the strongest.” (Craig Crawford, “Health Reform To The Supremes?,” CQ’s Trail Mix Blog, 2/1/11)

• Crawford: “Losing the individual mandate could be a body blow to Obama's biggest achievement.” (Craig Crawford, “Health Reform To The Supremes?,” CQ’s Trail Mix Blog, 2/1/11)

The New York Times: “Federal Judge Rules That Health Law Violates Constitution” (Kevin Sack, “Federal Judge Rules That Health Law Violates Constitution,” The New York Times, 1/31/11)

The Washington Post: “Judge Strikes Down Entire New Health-Care Law” (N.C. Aizenmanand Amy Goldstein, “Judge Strikes Down Entire New Health-Care Law,” The Washington Post, 2/1/11)

• WaPo: “In his 78-page opinion, Vinson, who was appointed by President Ronald Reagan, offered the most lengthy consideration to date of the legal questions at issue.” (N.C. Aizenmanand Amy Goldstein, “Judge Strikes Down Entire New Health-Care Law,” The Washington Post, 2/1/11)

WaPo’s Ezra Klein: “My sense is the Obama administration did not expect a judge to try to strike down the whole of the law or impede its implementation. So they're scrambling right now.” (Ezra Klein, “Does Health-Care Reform Stop Cold?,” The Washington Post, 1/31/11)

Boston Globe:  “The ruling is a political setback for the Obama administration, which has been rolling out elements of the law even as it aggressively defends the overall package from a repeal attempt by the Republican-controlled House of Representatives.”  (Mark Arsenault, “US Judge Rules Health Care Law Unconstitutional,” Boston Globe, 2/1/11)