Friday, July 25, 2014

Armstrong on Halbig

Ari Armstrong takes a deeper look at the Halbig ruling in his latest post for The Objective Standard, "ObamaCare, Nonobjective Law, and Brothers' Keepers".

Money quote:
That ObamaCare pervasively violates the rights of individuals to control their own wealth and to freely negotiate terms of health insurance and health care on a free market is bad enough; that ObamaCare does so via ambiguous, nonobjective statutes is even worse. Not only through its ambiguous wording but through its deliberate deference to the whims of bureaucrats, ObamaCare substantially empowers the executive branch and hordes of bureaucrats to create whatever health policies they wish.

The basic problem is not that the Supreme Court will substantially decide how ObamaCare is interpreted. On the legal front, the basic problem is that Congress breached its Constitutional authority by ignoring its legally enumerated powers. On the moral front, the basic problem is that many American politicians—along with the Americans who voted for them—accepted the premise that, in health care, “we are our brothers’ keepers,” which now means, in practice, that elected officials, appointed judges, and unaccountable bureaucrats are to a substantial degree the keepers of each of us when it comes to health care. If Americans don’t want their health care controlled by bureaucrats, they must reject the premise that we are our brothers’ keepers and vote accordingly in the future.