December 13, 2010

Henry E. Hudson highlights

These dicta are more to the point than the ruling itself:
As this Court previously cautioned, this case does not turn on the wisdom of Congress or the public policy implications of the [Patient Protection and Affordable Care Act]. The Court's attention is focused solely on the constitutionality of the enactment. . . . Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still operate within constitutional bounds. Salutary goals and creative drafting have never been sufficient to offset an absence of enumerated powers. . . . Congressional findings, no matter how extensive, are insufficient to enlarge the Commerce Clause powers of Congress.
Or, Judge Hudson is not about to be the one who will enlarge them.

Today's memorandum opinion in Virginia v. Sebelius (.pdf; 42 pgs.).

No surprise.


Ron R said...

Yes, Hudson will not enlarge them because that would be legislating from the bench, which noone except raving liberals support.

illusory tenant said...

So there is some allowance for non-raving liberals.

Ron R said...

The non-raving type are extremely rare and haven't benn seen here.