Brent Nyitray
Fairlington Blade
Let the mutherfuker burn!
jnc4p
Kevin S. Willis
Michigoose
lmsinca
markinaustin
Arcanaut
novahockey
quarterback
ScottC
yellojktI thought I’d share a post by Randy Barnett at Volokh, from which the title of this post derives its name, FINOs (federalists in name only). Senate Republicans have apparently attached S.197 to their jobs bill. The justification for S.197 includes this little nugget:
“EFFECT ON INTERSTATE COMMERCE- Congress finds that the health care and insurance industries are industries affecting interstate commerce and the health care liability litigation systems existing throughout the United States are activities that affect interstate commerce by contributing to the high costs of health care and premiums for health care liability insurance purchased by health care system providers.”
That health care and insurance affect interstate commerce, so that Congress can regulate them under the Commerce Clause, is one of the major pillars of the DoJ’s defense of PPACA. Not only that, but the Senate Rs are also saying that state courts where health care liability is litigated also affect interstate commerce and can be regulated by Congress under the Commerce Clause.
Here’s Prof. Barnett’s post
FINO Republicans
Filed under: Uncategorized |
All Things in Moderation 
Hysterical, really.
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not exactly the word that comes to mind, lms
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The silly Republican requirement that all laws include their constitutional justification has made a fraud and hypocrite of every single lawmaker who supported it.
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Sorry, I'm in an ironical mood.
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But, this is a good example of why I really have no use for the GOP anymore. I'm reminded of Justice Thomas' dissent in Raich: "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers."Thank you, senate GOP, for proving his point.
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Speaking of ironic. Yellojkt's Romney post translated to redneck.
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Not called the Stupid Party for nothing.The lack of Commerce power to enact national tort reform has always been a no brainer for me, although tort reform is a good idea. Of course, they can make a distinction between this and Obamacare and particularly its mandate. Tort reform in some way arguably regulates commerce, leaving the question of whether it is interstate commerce. A principal argument against the lynchpin of Obamacare is that it does not regulate commerce at all but instead compels people to engage in commerce.
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