Our fellow blogger Elizabeth Price Foley’s contribution to a symposium on ObamaCare: here. The opening certainly suggests it is worth a complete read:
Health reform supporters have labeled lawsuits challenging its constitutionality as silly, frivolous, and purely political. To paraphrase Shakespeare’s Hamlet, methinks they doth protest too much.
Two lower federal courts – in Virginia and Florida – have ruled the law unconstitutional. While neither the Fourth nor Eleventh Circuits have yet issued their opinions, it seems likely that at least one – most likely the Eleventh Circuit – will agree, creating a circuit split upon which certiorari will be granted by the Supreme Court. How the Court will rule is anyone’s guess, but a deeply divided Court would not be surprising, given the ideological gap that exists on two critical principles raised by these lawsuits: limited government and federalism. These principles aren’t just quaint, outdated relics. They are designed to protect individual liberty by restraining government’s innate tendency toward ever-expanding power.