First, the decision will be inevitably appealed to the Richmond-based Fourth Circuit Court where this small victory may well be overturned. Second, the ruling is against only the particular provision that requires us to purchase insurance by 2014 or face a fine. The ruling is very clear that this section (1501) is severed from the remainder of the legislation and dealt with on its own merits.
This means there are still a thousand-plus pages of taxes and regulations about to hit the American Citizen like a ton of bricks.
It is yet more evidence that we must not exclusively depend upon the courts in this matter or any other matter of unconstitutional legislation. Jefferson himself rejected the notion of appealing to the Supreme Court for redress of federal overreach, pointing out that it would be foolish to engender the idea that one branch of the general government should function as the final say on how the other two branches interpret our Constitution. The bureaucracy in Washington is a creation entirely of the States, a third party designed to carry out specific tasks on behalf of those sovereign entities which empowered it. To abandon the definition of all limits to this very third party is madness.
Imagine Dr. Frankenstein had created a three-headed beast which, as in the story, turned on its maker. Should he appeal to one head to reason with the other two? Imagine all three heads agreeing that their creator should be stripped of all autonomy and subjected to their will. Should the Doctor simply shrug his shoulders and acquiesce? Such is the decision with which the states are faced. Shall one head of the monster they created be allowed exclusive rights to judge fair or foul the behavior of the other two? Or should the states which created this leviathan garner the courage to set and enforce some limitations upon their proxy’s actions?
While the lawsuits pending show an admirable trend inasmuch as the states are saying there are limits to what Washington can do, it is not the time to celebrate. It is the time rather, to ask the important question, “What happens when the Supreme Court rules that at least the vast majority of Obama-care is Constitutional?” Will your State do its duty by you and stand firmly in defense of your rights, striking back at the misbehavior of this unruly progeny we call Washington? Or will your State stand by helplessly like some hand-wringing dolt who watches helplessly as his ‘strong-willed’ child wages a path of destruction through your home?
I hate to be a downer, but we must remain vigilant and not allow massive celebration of minimal victory to leave us unguarded. See some possible solutions here, here, here, and here and watch for a series throughout the week on various ideas to safeguard our liberty through the States.