Individual Mandate Gets Struck Down

Judge Hudson has made his ruling, and the individual mandate didn't pass muster. This isn't the end of Obamacare, but it could be the beginning of the end. For a full rundown of the decision, the good and the bad that may arise from this imperfect ruling, I suggest reading this article on RedState.



I would be remiss if I didn't include a quote from the opinion. This one seems to sum up the tone and end result rather well.

Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still operate within constitutional bounds. Salutatory goals and creative drafting have never been sufficient to offset an absence of enumerated powers.

Aaron B. Gardner

More from the man who saved the 2nd Amendment

In part 2 of 5 Judge Silberman speaks about the "incorporation doctrine" and it's affect, if any, on the 2nd Amendment.

Judge Silberman says:

The interesting question now that is going to go before the Supreme Court is whether the Second Amendment is incorporated. . . . It would be anomalous for the Supreme Court to conclude that the Second Amendment creates or protects an individual right to keep and bear arms, but it does not apply vis a vis the states.

He goes on to explain that the wording of the 2nd Amendment itself is broad enough to preclude the States from making laws infringing on the right to keep and bear arms. Regardless of whether "incorporation doctrine" is applied or not.

I wouldn't be surprised to see Judge Silberman appear on the short list for SCOTUS appointees in the next Republican administration, which should begin in Jan 2012.

Stay tuned for episodes 3-5.

Aaron B. Gardner

Crossposted at RedState

The man who saved the 2nd Amendment

When you get a chance go over to National Review's Uncommon Knowledge and watch Judge Laurence H. Silberman* briefly explain the individual right to keep and bear arms.

Aaron B. Gardner

* Judge Silberman ruled on the D.C. gun ban case, the SCOTUS later agreed with his ruling.

Crossposted at RedState