Before reaching the nine justices of the U. S. Supreme Court, the constitutional battle over President Obama’s health-care law isn’t likely to be settled. The fascinating battles continue getting played out around the country.
The battle shifts back to Pensacola, Fla., the site of the most high-profile challenge to the law on Thursday, a mere three days after a judge in Virginia ruled part of the new law unconstitutional.
Arguments from lawyers for 20 states on one side, and the Justice Department on the other, will be heard by Pensacola federal judge Roger C. Vinson, and the same central questions like whether the individual mandate exceeds the boundaries of federal power will be discussed once again.
Whether under the constitution’s Commerce Clause, Congress can pass a law requiring every American to own health insurance; will be focused on when arguments will take place again.
Randy Barnett, a Georgetown University law professor who filed a brief in the Virginia case attacking the law, said, “If this were allowed to stand, Congress could make you do anything. It would turn citizens into subjects.”
