[picapp align=”right” wrap=”true” link=”term=obama+sebelius&iid=9183874″ src=”http://view.picapp.com/pictures.photo/image/9183874/obama-speaks/obama-speaks.jpg?size=500&imageId=9183874″ width=”234″ height=”156″ /]The “individual mandate” section of the ‘Obamacare’ law passed earlier this year is now being officially challenged in the courts. A recent decision in a U.S. district court furthers this legal challenge by denying an effort by Kathleen Sebelius, acting in her official capacity as Health and Human Services Secretary, to have a case disputing the constitutionality of the law dismissed.
It’s an interesting read. Here’s one notable excerpt from the concluding remarks that summarizes the importance of considering the case:
While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.
It should be interesting to see how far this legal challenge goes.