May 14, 2012

Misplaced Blame on ObamaCare's Fate

As June nears, we anxiously await the Supreme Court's decision on ObamaCare. As soon as the oral arguments began, however, it was apparent that upholding ObamaCare in its entirety is unlikely. Many have attacked Solicitor General Don Verrilli for his supposed weak defense of ObamaCare at oral argument.

David Savage of the Los Angeles Times seems to blame the Solicitor General's voice:
"His (Solicitor General Don Verrilli) worst moment came as he rose to defend President Obama's health care law and its requirement that all Americans have health insurance or pay a tax penalty. His voice sounding weak, Verrilli paused after his second sentence and coughed. 
He was hoarse. He took a sip of water, and it went down his windpipe. He couldn't get out a sound for a few seconds. You can imagine what that felt like," said Washington attorney Paul Smith, a friend and former law partner of Verrilli's."
Frankly, if ObamaCare is struck down, it will be because of the Constitution, not Verrilli's voice. It's unfair to scapegoat Verrilli; the responsibility needs to be placed on those that wrote the 2,700 page bill. As was previously mentioned (see Judicial Activism & the Commerce Clause), the Constitution puts a limit on Congress’s powers, and the Commerce Clause does not give Congress the power to require Americans to buy health insurance. If you have a problem with those limits, blame the Founding Fathers.