Thursday, September 15, 2011

Appeals Court rookie error in ObamaCare ruling discovered by Heartland Institute

A big ObamaCare legal "rookie factual error" occurred the other day, Maureen Martin of the Heartlander reports.

The Fourth Circuit Appeals Court invalidated Virginia's challenge to ObamaCare because it ruled that Governor Bob McDonnell signed the Virginia Health Care Freedom Act--which says ObamaCares's individual mandate didn't apply to its citizens because it violates the federal constitution's Commerce Clause---after the Affordable Health Care Act became law.

But that court is wrong, the Heartlander discovered. McDonnell signed it before ObamaCare was enacted. That rookie error doesn't even measure up to the level of a missed extra point, in my opinion.

The Heartlander is the Heartland Institutes's digital magazine. Maureen Martin is the Senior Fellow for Legal Affairs for the Chicago-based free market think-tank.

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