Jeff  Carter

Now that more than a few lower courts have ruled, it looks like the US Supreme Court will take up the case of Obamacare. Is it Constitutional?

I am no legal scholar, but under the Commerce Clause it seems to me that Obamacare isn’t Constitutional. I shouldn’t be forced to buy insurance for my health if I don’t want it. Health insurance isn’t like an income tax. It certainly isn’t like auto insurance because I can choose not to drive-eliminating my need for insurance or even a license to drive.

The real problem though lies in the composition of the Supreme Court. Elena Kagan has a massive conflict of interest and if she had any ethics would recuse herself from hearing the case right away.

The conundrum for the left is there is so much riding on it that her ethics will probably go out the window. Before the case is heard, we ought to have a full investigation of all of Kagan’s emails, letters, details of meetings, statements both private and public, and anything else that might show her involvement with the drafting of, the selling of, the lobbying for, and the legislation of Obamacare.

There is more than enough smoke to scream “Fire!”, or better yet, “Recuse Yourself”.

from IBD,

“How about this Jan. 8, 2010, email featuring the subject line “Re: Health Care Defense” from former Deputy Solicitor General/now-acting Solicitor General Neal Katyal to Associate Attorney General Brian Hauck: “Brian, Elena would definitely like OSG (Office of Solicitor General) to be involved in this set of issues … we will bring in Elena as needed.”

In another email that same day, Hauck asked Katyal about putting together a group “to defend against inevitable challenges” to ObamaCare. Ketel replies, “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.”"

As IBD points out, Eric Holder, that paragon of Gun Runner ethics, is blocking Freedom of Information Act requests into Kagan’s activity while she worked for the Obama White House.

If Kagan rules on this case, it’s a travesty of justice and it might even be an impeachable offense. Lawyers-sharpen your pencils.

What do you think?



Jeff Carter

Jeffrey Carter is an independent speculator. He has been trading since 1988. His blog site, Points and Figures was named by Minyanville as one of The 20 Most Influential Blogs in Financial Media.
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