The PJ Tatler

How ‘could’ destroys America

This week, the Sixth Court of Appeals upheld Obamacare:

[Page 3] We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause and therefore AFFIRM the decision of the district court.


[Page 20] Even if self-insuring for the cost of health care were not economic activity with a substantial effect on interstate commerce, Congress could still properly regulate the practice because the failure to do so would undercut its regulation of the larger interstate markets in health care delivery and health insurance.

Translation: The government already regulates health care and insurance, giving it the right to regulate further; forcing everybody to buy health insurance could benefit existing regulation.

That’s the big-government formula: We’re regulating this because something good could happen if we’re regulating; something bad if we don’t.

Gun control’s like that. Last May, a Milwaukee Journal Sentinel columnist opined against Wisconsin’s then-pending concealed carry law because somebody could get killed.

And First Amendment? The court could decide the government needs to shutter “unofficial” news sites like Pajamas Media because columnists could write something about the economy that could impact interstate commerce by influencing people’s buying decisions, hurting the bottom lines of businesses that spent nearly $1 BILLION in 2010 on their pet prostiticians.


Fantasy? The Supreme Court originally upheld McCain-Feingold, including the restriction that only official media could publicly discuss politicians during the election season. All others had to jump through various hoops before they could run expensive advertisements discussing a politician’s positions on issues.

You could be next.

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