Bad Day in Court for Obama Administration

Yesterday may not have been Friday the 13th, but it probably felt like it for President Obama and his team, which suffered two policy setbacks in federal courts.

The big news came from a three-judge appeals court, which struck down Obamacare’s individual mandate as unconstitutional.  Chief Judge Joel Dubina and Circuit Judge Frank Hull wrote Congress cannot require people to “enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”

Commonsense from the bench!

Not surprisingly, the dissent was the exact opposite, embracing a robust, living, breathing, ever-changing constitution.  Circuit Judge Stanley Marcus claimed it was an “undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries.”

With the decision, Obamacare is one-step closer to the Supreme Court.  But conservatives must remember that the court only struck down the individual mandate.  The rest of the law, including expensive mandates on employers, businesses, local governments, etc., were untouched.  Conservatives cannot put all their eggs into one basket – the legal push must continue, but so must the legislative push for repeal.

The second blow came from District Judge Nancy Fruendenthal, who threw out administration rules that were delaying oil and gas development on federal lands.  Last year, the Obama administration adopted new review and permitting rules in response to an environmental group lawsuit.  The Judge said, “Western Energy has demonstrated through its members recognizable injury” and that “those injuries are supported by the administrative record.”  The ruling confirms what many of us already know, radical environmental interest groups are bad for job creators and the economy.

Yesterday was certainly a good day for individual freedom and job creators!



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