'Waiving' goodbye to the Constitution

The grounds for the states' suits against ObamaCare have to do with states' rights, states' sovereignty, the Tax and Spend Clause, and, especially, whether the Commerce Clause trumps the Tenth Amendment. Valid grounds all. But in its implementation, ObamaCare is violating yet another constitutional guarantee: equal protection. Two recent articles at National Review Online address this issue. In "Unequal Protection You Can Believe In," Hoover Institute fellow Deroy Murdock writes: Obamacare is not being enforced equally at all. As of February 9, the Obama administration had granted 915 waivers, mainly to influential organizations, major companies, and pro-Democratic labor unions. Those less lucky or less well connected have a different option: Obey Obamacare. In "Are Health-Care Waivers Unconstitutional," Philip Hamburger, law professor at Columbia University, asks: "once a law has passed -- and therefore is binding -- how can the executive branch relieve...(Read Full Post)

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