Surprise Surprise

My readers will never accuse me of not being responsive - one devoted subject wrote:

"When are you going to comment on the 11th striking down Obamacare?"

Now my friend:

Today, the Eleventh struck down Obamacare a law that was intended to make health care in this country more affordable, sustainable and better. 

The opinion, co-authored by Dubina and Hull. 

Of course, some naysayers out there took exception to Dubina hearing the case because "Dubina’s daughter, Rep. Martha Roby (R-Ala.), is one of dozens of freshman Republicans who campaigned on repealing the health care law."  But I am not so cynical. 

I actually do have some concerns about the interpretation of the commerce clause that is necessary to sustain the law - unfortunately, my concern is dangling by a thin hair after having been nearly beaten to death by criminal statutes that are based upon commerce clause jurisdiction. 

I often wondered if there were any limits to the "CLAUSE", and now know that yes, in fact, if you want to use it to do something daring and positive, the courts may not let you - Of course, it does not help that I think the New Eleventh might come down differently on Heart of Atlanta Motel Inc., but that is another story altogether.

So, congrats to the Conservatives in the South - your Eleventh handed you a nice win today.  As one prominent defense lawyer is often times quoted - take the rest of the day off "now figure out how to pay for your policies" and enjoy the weekend.