February 23, 2011
Fed Judge: Now the Commerce Clause covers 'mental activity'
According to federal Judge Gladys Kessler of the DC US District Court, the powers granted to the federal government on the Commerce Clause extend to regulating "mental activity." Ruling on an ObamaCare challenge brought by 2 individuals, the good Judge made the leap from "physical activity" to "mental activity" in extending the reach of the federal government. This is not a joke. Read the 64 page decision here. According to Judge Kessler:As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress's power...However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance. It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not "acting," especially given the serious economic and health-related...(Read Full Post)