Why SCOTUS Won't Overturn Obamacare and Rule it Unconstitutional

Eric Cantor is eager for SCOTUS to hear the cases against Obamacare. Over at Lew Rockwell today, Michael Rozeff explains why we can't trust SCOTUS to make the Constitutionally right decision and overturn Obamacare:

Two different judges in two different courts have ruled the opposite on Obamacare. The health-care legislation will come before the Supreme Court in time. The Court will uphold the legislation. Why? (1) The Court doesn’t usually overturn major legislation of Congress. (2) It won’t go back to the original meaning of the commerce clause. It believes in a living Constitution. (3) To go back to the original meaning would repudiate the New Deal and whole blocs of U.S. Code including minimum wage laws, regulation of hours of work, laws against discrimination, and more. (4) The sentiments of the population are not strongly enough against Obamacare to affect Court opinion. (5) The Court’s own majority bias favors such legislation.

The net result is that everyone must buy health insurance or else face penalties. De facto, but not in law, Pelosi correctly observed: “…the power of Congress to regulate health care is essentially unlimited.” The same can be said of almost everything else. It is a question of enforcement.


I have already explained why we can't count on Republicans to repeal, and besides they are wanting to replace it as well with more government. It's easy to see in recent days the lack of backbone in the GOP. With the public on their side supporting the tax cuts and opposing wasteful government spending, too many in the GOP jumped on board the Obama compromise too quickly and approved of $900 billion more in spending just to get a temporary extension of the Bush tax cuts. In the end, I have a feeling the American people will see these new neocon Republicans as pathetic, and all it will take is a deal.