Sex Offenders and Health Care Reform

While it might not seem obvious how sex offenders are related to the health care reform debate, there is a very important connection: U.S. v. Comstock. Consider this recent article about the constitutionality of health care reform from the UPI:

The only blip on the steady curtailment of Commerce Clause power came in 2005's Gonzalez vs. Raich when a couple of conservatives apologetically joined the four-member liberal bloc to rule 6-3 that Congress had the authority to regulate home-grown quantities of prescribed marijuana under its commerce power.

The ruling did not invalidate California's medical marijuana law, or those of 10 other states, but meant that someone charged under federal drug laws could not use state law as a defense.

However, despite the ruling in the marijuana case, the weight of Supreme Court jurisprudence seems to favor a Commerce Clause challenge in a healthcare reform case brought by McCollum or anyone else with standing.

I think the last paragraph is utter nonsense (and this coming from someone who has defended a broader interpretation of the Commerce Clause). And it really makes me wonder who the UPI is listening to. It certainly does not seem indicative of a "liberal media bias." With that being said, U.S. v. Comstock will probably be the Court's last chance to add a new case to its Commerce Clause jurisprudence before challenges to the health care reform law(s) start. Given that a holding in favor of the government would expand the Commerce Clause (and the Necessary and Proper Clause) in new directions, it could definitely have implications in a future challenge to health care reform. The Comstock argument is scheduled for January 12 and I wonder if some of the Justices might have health care in the back of their minds as they are considering the constitutionality of the civil commitment provisions of the AWA. 

Comments

[rodsmith3510]

yes and the court finally growing a set of balls and stopping the govt's illegal and treasonous actions against ex offenders in comstock will probalby be the only thing that will stop violance in the streets. You can only push people so far.