What happens now? Somewhere in New Haven, Bruce Ackerman is feeling a Constitutional Moment

March 22nd, 2010

A few immediate reactions:

1.This bill cannot be repealed. It is entrenched for good. And SCOTUS lacks the chutzpah to accept a challenge. The 10th amendment suits will fail on supremacy clause grounds. All other legal challenges will fail.

2. Despite the slim margins by which this passed, the name of Bart Stupak and the number 219 will be forgotten. This passage will certainly be recast as a constitutional moment, in which the fabric of our law was altered, backed by the sweeping mandate of the 2008 election. Not quite. But the template fits.

3. In X years when the health care system is about to go broke, much like soc security, medicaid, and medicare will, no one will remember any cbo report predicting savings. It will happen.

4. In my mind, the silver lining can only exist beyond 2010. The trend towards statism can only be halted by institutional, and not mere electoral change. I fear, though, that by the time society realizes the yoke upon our back, it will be too late.

5. Despite these gloomy observations, I aint givin up. And neither should you. Liberty and freedom can be restrained, but they cannot be eliminated.