From the PITTSBURGH POST-GAZETTE:
…Last Tuesday in Harrisburg, Judge Christopher C. Conner, appointed by President George W. Bush, found the law’s requirement that people must buy health insurance to be unconstitutional (along with certain other provisions).
The sadness of this ruling — which subscribes to a common theory shared by other conservative jurists — is that Judge Conner understands the health care problem the nation is facing but does not think the Constitution can address it. “Scores of individuals are uninsured, and the costs to all citizens are measurable and significant. The federal government, however, is one of limited enumerated powers, and Congress’ efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.”
But this idea of the Constitution as a rigid corset unable to stretch to accommodate the general welfare is at odds with the Supreme Court’s history of giving broad authority to Congress to regulate under the Commerce Clause…
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