“a train wreck for the Obama administration.”

“A train wreck for the Obama administration.”

Trying to determine what the Supreme Court will rule on any issue by analyzing the questions they ask beforehand has generally been a poor predictor of their final decision. Sadly, we really won’t know what the Supreme Court will do until they do it.

Moreover, from my perspective it would be far better for Congress to repeal the law rather than have the court rule it unconstitutional. In the former it will be done by legislative action, backed by the voters. In the latter it would be the decision of nine unelected individuals, essentially expressing their personal opinions. In a true democracy the former is definitely preferred.

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The four best legal arguments against Obamacare.

The four best legal arguments against Obamacare.

The fourth is probably the most devastating to Obamacare. No contract can be enforced if you are forced to sign it.

American contract law rests on the principle of mutual assent. If I hold a gun to your head and force you to sign a contract, no court of law will honor that document since I coerced you into signing it. Mutual assent must be present in order for a contract to be valid and binding.

Once again, we are skirting around that forgotten word called freedom. Obamacare has nothing to do with freedom. It requires participation, something that is fundamentally hostile to this country’s culture and law.

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The reckoning

The reckoning.

Today, it’s the Catholic Church whose free-exercise powers are under assault from this cascade of diktats sanctioned by — indeed required by — Obamacare. Tomorrow it will be the turn of other institutions of civil society that dare stand between unfettered state and atomized citizen.

Rarely has one law so exemplified the worst of the Leviathan state — grotesque cost, questionable constitutionality and arbitrary bureaucratic coerciveness. Little wonder the president barely mentioned it in his latest State of the Union address. He wants to be reelected. He’d rather talk about other things.

Remember, the power of the state is not always wielded by those you agree with. From the right or the left, fear that power, because it will come after you both when it finally has the ability to do so.

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