Obamacare & the Court

With campaigns and the economic mess dominating the news, Obamacare has taken a back seat lately. It shouldn’t, because it is the harbinger of even greater economic calamity and government interference in the market. It did break through recently, though, with the announcement that the Supreme Court will hear the suit being brought by twenty-six states against the forced nature of the law. What kind of questions should the Court ask? One is obvious:

That kind of coercion is inherently inconsistent with constitutional liberty. How best to illustrate it? Cartoonist Michael Ramirez captures it perfectly:

Liberals are so upset over the possible overturning of this act that they are demanding Clarence Thomas recuse himself from the case. Why? His wife works with a group opposed to this takeover of the nation’s healthcare system. Now if Clarence Thomas himself were involved, I would understand the possibility of recusal, but it’s his wife, not him.

The real conflict of interest is with Elena Kagan, who served as solicitor general in the Obama administration and helped craft the law, or at least come up with ways to defend it. E-mails have surfaced showing her elation over the prospect of the law’s passage. If anyone should withdraw from this case, I think Kagan is the prime candidate, not Thomas. Her participation in the promotion of the law is undeniable, as is her enthusiasm for it:

Will she do the right thing and recuse herself? Don’t bet on it.