Supreme Court Justice Stephen Breyer really went out on a limb during the ObamaCare arguments to make the government’s case for it. On the question of whether Congress can compel Americans to buy computers, cell phones or burials, Breyer said “Of course they could” and went to on to explain how that would be proper, in his mind.
Breyer explained his point of view after becoming impatient with the convoluted answers Solicitor General Donald Verrilli had offered up in response to questions from Justices Sam Alito and Anthony Kennedy and Chief Justice John Roberts.
Alito had asked Verrilli if Congress could force young people to buy burial insurance because everyone is going to die someday. Roberts asked Verrilli if Congress could force people to buy cell phones because it would facilitate contacting emergency services in the event of an accident. And Kennedy asked Verrilli: “Can you create commerce in order to regulate it.”
“I’m somewhat uncertain about your answers to, for example, Justice Kennedy,” said Breyer. He “asked, can you, under the Commerce Clause, Congress create commerce where previously none existed.
“Well, yes,” said Breyer, “I thought the answer to that was, since McCulloch versus Maryland, when the Court said Congress could create the Bank of the United States which did not previously exist, which job was to create commerce that did not previously exist, since that time the answer has been, yes.
“I would have thought that your answer [to] can the government, in fact, require you to buy cell phones or buy burials that, if we propose comparable situations, if we have, for example, a uniform United States system of paying for every burial such as Medicare Burial, Medicaid Burial, Ship Burial, ERISA Burial and Emergency Burial beside the side of the road, and Congress wanted to rationalize that system, wouldn’t the answer be: Yes, of course, they could,” said Breyer. (Read More)
My head hurts after reading that. This is how the statists think and it’s really quite disturbing.