Posted by: James Atticus Bowden | December 1, 2010

Another Day and Another Judge Needs to Be Impeached

Another day and another Federal Judge makes a ruling worthy of impeachment.  The bad behavior in this case was U.S. District Judge Norman K. Moon, seated in Lynchburg, Virginia, dismissed a lawsuit brought by Liberty University against Obamacare.  This black-robed, priest-king cited Wickard v. Filburn (1942).

In Wickard the Supreme Court ruled the Federal government could  penalize a farmer for growing wheat for his own consumption beyond the quotas imposed by the Agricultural Adjustment Act.   The court imagined that using his own wheat rather than buying it from others he was exerting “a substantial economic effect on interstate commerce.” Wickard and other travesties make the Commerce Clause the gumby clause that can be stretched by judges to mean anything they can dream up.

Liberty argued that ObamaCare penalizes individuals for doing nothing – for not buying insurance.  Here is what passes for ‘the law’ logic when judges are allowed to make up laws from the bench – Moon ruled:

The conduct regulated by the individual coverage provision — individuals’ decisions to forego purchasing health insurance coverage — is economic in nature…. Nearly everyone will require health care services at some point in their lifetimes, and it is not always possible to predict when one will be afflicted by illness or injury and require care…. Regardless of whether one relies on an insurance policy, one’s savings, or the backstop of free or reduced-cost emergency room services, one has made a choice regarding the method of payment for the health care services one expects to receive. Far from “inactivity,” by choosing to forego insurance, Plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance. As Congress found, the total incidence of these economic decisions has a substantial impact on the national market for health care by collectively shifting billions of dollars on to other market participants and driving up the prices of insurance policies.

Furthermore since earlier rulings made it up so  “economic activity subject to regulation under the Commerce Clause need not involve transacting business in the marketplace,” then NOT buying insurance effects the marketplace for insurance.

What complete, utter rot.

Where does the Constitution give the Federal government to order economic activity?  The power to make individuals buy anything?  Ever?

What brave Republican will file the articles of impeachment against this judge?

Arrogance of power breeds tyranny.  Which can lead to other forms of impeachment.

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