Judge Kessler's Exercise in Poor Judgement

In what continues to be partisan line decisions on the constitutionality of Obamacare, the left leaning judges are doing contortions and gymnastic to attempt plausibility in their judgments. While it is clearly self evident that the mandate by the government to force people to buy health care insurance is unconstitutional and un-American, Judge Gladys Kessler tries to convince us otherwise.

Regulating 'Mental Activity'

The crux of these cases is whether the government's power to regulate "Commerce . . . among the several States" is so broad that it can mandate that everyone buy health insurance. Judge Gladys Kessler of the D.C. district court says in her 64-page opinion that this power includes regulating even "mental activity, i.e., decision-making."

The distinction between activity and inactivity is "of little significance," Judge Kessler writes. "It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting' . . . Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin."

Wow. Rather than basing her judicial opinion on legal precedence, or looking to the constitution to ponder what freedom in America was intended to be, she clearly is drawing from a song by the rock band Rush.

If you choose not to decide, you still have made a choice.

Ironically the name of the song is "Freewill".

I don't think Judge Kessler or all of the other proponents of Obamacare get this whole "freedom" thing.