“The crux of these cases is whether the government’s power to regulate ‘Commerce . . . among the several States’ is so broad that it can mandate that everyone buy health insurance. Judge Gladys Kessler of the D.C. district court says in her 64-page opinion that this power includes regulating even ‘mental activity, i.e., decision-making.'”

“Late Thursday, February 17, the Obama Administration filed an incredibly odd and almost insulting ‘Motion to Clarify’ the judgment in the case it lost against 26 states and the NFIB in the Obamacare litigation in Florida v. U.S. Department of Health and Human Services, No. 10-cv-00091 (N. D. Fla.)(Judge Vinson). With this motion, the Administration has now stated officially that, notwithstanding the Judge’s declaration of the Patient Protection and Affordable Care Act (ACA or Obamacare) as unconstitutional, the Administration does not interpret the Judge’s order as requiring the Administration to cease carrying out the unconstitutional ACA.”

“Alaska Gov. Sean Parnell said he won’t implement the federal health-care overhaul after a judge in Florida struck down the law as unconstitutional… Mr. Parnell, who sought the advice of his attorney general amid concerns implementing the law would violate his oath of office, told the Juneau Chamber of Commerce the state would pursue lawful, market-based solutions to making insurance affordable and accessible to Alaskans.”

“In ruling as he did, Judge Vinson wrote that ‘it must be presumed that federal officers will adhere to the law as declared by the court.’ Yet the Obama administration has thus far shown no inclination to do so. But neither has it sought to stay the practical effects of the ruling — perhaps because it thinks that doing so would give credence to the court’s decision.”

“Virginia Attorney General Ken Cuccinelli petitioned the Supreme Court to take the case immediately, calling resolution of the overhaul’s constitutionality ‘a matter of imperative public importance.’ Separately, 28 Republican governors wrote to President Barack Obama, asking the administration to back an expedited review. The governors said that would ‘help prevent the states and the private sector from undertaking potentially unnecessary measures and expenses’ should the act be struck down.”

“Fairly stated, this is the conservative constitutional argument: Health care for all is a good cause. But if, in the name of that noble goal, you construe Congress’s power to regulate interstate commerce so broadly as to encompass individual choices that have never previously been thought of as commercial, much less interstate, there would be nothing left of the commerce clause’s restraints on Congress’s power. And then, the argument goes, Congress would be free to impose far more intrusive mandates.”

“The Obama administration attempted to cloak an unprecedented and unsupportable exercise of federal power in the guise of a run-of-the-mill Commerce Clause regulation. When the weakness of that theory was exposed, it retreated to the Necessary and Proper Clause and the taxing power. Judge Vinson’s decisive rejection of all these theories is another significant victory for individual liberty—the ultimate purpose of federalism—and it lays the intellectual groundwork for every decision on the mandate yet to come.”

“The Senate Judiciary Committee held its first-ever hearing on the constitutionality of ObamaCare yesterday, and talk about a barn door closing. After federal Judge Roger Vinson struck down on Monday the entire statute in a suit brought by 26 states, some states are already suspending any efforts to comply with its regulations and mandates.”

“President Obama and his congressional allies want to create the perception that Obamacare is a done deal, and that Republicans need to get over it. But the events of the past week show quite clearly that that’s far from the reality. Since its passage, Obamacare has rested on shaky ground, owing to the heavy-handed tactics used to jam it through Congress against the wishes of a majority of the electorate. But now, after the Florida court decision and the vote in the Senate on repeal, Obamacare is more vulnerable than ever — politically, legally, and operationally.”

“Judge Vinson’s ruling has made it all the more pressing for Congress to come up with alternatives to the 2010 health care law. Abandoning the individual mandate and offering Americans a range of choices modeled after the Federal Employees Health Benefit Plan would be a substantial improvement.”