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Might as well throw some news into the mix since we are Newsweek. Today’s main event is another dissing of Obama’s health care plan. Things appear partisan, as always. The latest count: two judges appointed by Republican presidents have struck down the law or its main attribute, while two judges appointed by Democrats have upheld it. Better get ready, Supreme Court. Here’s the main issue, according to Florida Judge Roger Vinson:
At issue here, as in the other cases decided so far, is the assertion that the Commerce Clause can only reach individuals and entities engaged in an “activity”; and because the plaintiffs maintain that an individual’s failure to purchase health insurance is, almost by definition, “inactivity,” the individual mandate goes beyond the Commerce Clause and is unconstitutional. The defendants contend that activity is not required before Congress can exercise its Commerce Clause power, but that, even if it is required, not having insurance constitutes activity.