ByronBlog

Byron Matthews, a sociologist retired from the University of Maryland Baltimore County and a partner in an educational software company, lives near Santa Fe, NM.

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Location: New Mexico, United States

Tuesday, February 01, 2011

Weak link in mandate ruling

The Weak Link in Judge Vinson’s Opinion Striking Down the Mandate

I'm not a lawyer, but the gist seems to be that Judge Vinson's ruling hinges on his view that the Federal Government does not have unlimited regulatory powers under the Commerce Clause, only limited and enumerated ones.

Problem is, previous rulings by the Supreme Court have already given the Federal Government those unlimited powers under a doctrine of "necessary and proper."

So, although the Supreme Court could change all that, a District Court judge like Vinson is bound by Supreme Court precedent; he cannot overturn current law; that is, he can't legislate from the bench.

This is going to the Supreme Court in any case, so we'll see.

Byron

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