Health Care and State’s Rights…

I’m not the only person arguing that Obamacare is unconstitutional.  Richard Epstein,  also makes the case in the Wall Street Journal:

..In Massachusetts v. EPA—the notorious 2007 decision allowing the EPA to treat carbon dioxide as a pollutant—the Supreme Court recognized that the state had standing to sue to protect its own coastline from the supposed ravages of excess CO2. The Supreme Court should likewise also recognize a state’s standing to sue when the federal government seeks to command its resources to serve federal objectives.  In New York v. United States (1992), the Court prevented the U.S. from forcing states to take title to nuclear waste. It can surely prevent the federal government from mandating massive expenditures of scarce state resources.

Now, do I think it is likely for the law to be declared unconstitutional if a case got to court?  Probably not… but it certainly is not an unreasonable conclusion to draw based on current law.

via ObamaCare’s Phony Medicaid ‘Deal’ – WSJ.com.

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