At Center of Health Care Fight, a Farmer’s 1942 Case
(To help understand health care case to be argued before Supremes next week)
'If the Obama administration persuades the Supreme Court to uphold its health care overhaul law, it will be in large part thanks to a 70-year-old precedent involving an Ohio farmer named Roscoe C. Filburn.
Mr. Filburn sued to overturn a 1938 federal law that told him how much wheat he could grow on his family farm and made him pay a penalty for every extra bushel.
The 1942 decision against him, Wickard v. Filburn, is the basis for the Supreme Courts modern understanding of the scope of federal power. It is the contested ground on which the health care case has been fought in the lower courts and in the parties briefs. And it is likely to be crucial to the votes of Justices Anthony M. Kennedy and Antonin Scalia, who are widely seen as open to persuasion by either side.
Wickard has become so foundational for generations of lawyers that any plausible understanding of the commerce power must come to terms with it, said Bradley W. Joondeph, a law professor at Santa Clara University.'
http://www.nytimes.com/2012/03/20/us/politics/at-center-of-health-care-fight-roscoe-filburns-1942-commerce-case.html?hp
ellisonz
(27,711 posts)...but I think it will be difficult to apply it that way to something basically interstate like the health insurance industry.
elleng
(130,908 posts)'The Supreme Courts ruling against him was unanimous.
Even if appellees activity be local, Justice Robert H. Jackson wrote, referring to Mr. Filburns farming, and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.
The Obama administration says the decisions of millions of people to go without health insurance have a similarly significant effect on the national economy by raising other peoples insurance rates and forcing hospitals to pay for the emergency care of those who cannot afford it.'
ellisonz
(27,711 posts)...which way the wind in Justice Kennedy's gown blows.
*finger-cross*
elleng
(130,908 posts)I read somewhere that Scalia is interested in the correct interpretation, too.
marble falls
(57,083 posts)TheKentuckian
(25,026 posts)Are we saying the government should be able to dictate we take part in whatever activity Congress shall deem to in the interests of interstate commerce?
Further, that our employers must act as the conduit of commerce? In effect, we if Congress so dictates must buy from the company store and what they say, in what quantity?
That being the case there is no such thing as freedom, we are slaves to those who are supposed to represent us.