Constitutionality

Obamacare is unconstitutional. On its face. The decision to overturn should be 9-0.

I'm no law professor, but everything I've ever understood about America's founding, our history, and our constitution tells me unequivocally that the federal government overreach in that outrageous and unpopular law we know as Obamacare is anathema to the founding principles as defined in the Constitution of the United States.

But the liberal justices were reportedly arguing the merits of the legislation from a point of view that they think it's solely about helping poor people get access to healthcare. Although that seems to me either an ignorant or purposely misleading line of argument, what really floors me is the fact that the Supreme Court's role is not to argue whether or not they think a given law is or is not a good idea; their role is to decide whether or not the law is a permissable exercise of governmental power over the citizenry.

The constitution is not a Democratic or Republican document, and its meaning does not change based on the reader's political ideology. But sadly, instead of a dispassionate reading of the constitution leads to a mandatory repeal of the Obama healthcare law, we have at least 4 justices who believe their decision must be based solely on their personal views about the law itself.

Sotomayor and Kagan both made it abundantly clear during their confirmation hearings that they will rule on cases placed before them not based on constitutional principles, but their own personal opinion and wisdom. Ginsburg recently stated that she is not a fan of the United States Constitution she is bound to uphold, because she feels it's unfair to the poor and minorities.

So rather than the sane outcome of a 9-0 ruling that Obamacare is unconstitutional, it seems we will end up with a 5-4 decision that we can't be certain results in the law being overturned. Everyone believes that the single swing vote is Kennedy, whose line of questioning in the hearings seemed to indicate he was likely to side with the Constitution in this case. But we won't know how he voted until the decision is released sometime in June, even though the justices themselves decided the case this morning.

A decision to uphold the law I view as disastrous. Because such a decision would signal that there will be absolutely no limits imposed on the government by the court, and they may implement whatever law their whims and lust for power can imagine without any opposition. Upholding government-run socialized healthcare means the government has carte blanche to proceed with laws that regulate how much and what kind of energy we may use, where we may live, what we may eat, where and when we may travel, and virtually every other aspect of our personal lives the left wing dreams of controlling.

The reality of today's Obamacare law is that if I get sick, I will be placed at the mercy of Washington DC bureaucrats to make decisions on what treatments I am allowed that may alleviate my symptoms or even save my life.

For Kagan, Sotomayor, Ginsburg, and Breyer, the Constitution is irrelevant. Kennedy seems to just want to be liked, so he'll uphold it if he thinks it will gain him personal favor. Only Thomas, Alito, Roberts, and Scalia seem to respect their solemn vows to uphold it.