Here's an excerpt:
Chief Judge Joel Dubina pointed out that there is no precedent for the claim that Congress is permitted to impose such a mandate by virtue of the Constitution's commerce clause: "I can't find any case like this.… If we uphold the individual mandate in this case, are there any limits on Congress's power left?"(Read the full text of "Obamacare Has Another Rough Day in Court".)
Judge Stanley Marcus was also unequal to the task of finding a precedent for this arrogation of power by the federal government: "I can't find any case… telling a private person they are compelled to purchase a product in the open market.... Is there anything that suggests Congress can do this?"
Judge Frank Hull asked whether Congress could pass a similar law requiring Americans to buy certain types of cars or energy-saving devices to comply with federal energy policy.
These judges are asking exactly the right questions and addressing the fundamental issue of freedom vs. government compulsion.
The battle is a long ways from being won. But the latest courtroom proceedings are potentially encouraging for those who value freedom and individual rights.
