Tuesday, the US Circuit Court for Appeals for the District of Columbia upheld Obamacare on the basis that the government can effectively do anything it damned well pleases, unless it’s specifically forbidden by a right enumerated in the Constitution. That’s the net meaning of Judge Silberman’s lunatic-maniacal ruling. Silberman, a Reagan appointee thought by many to be among the most conservative judges in the country has apparently lost his mind, or he’s been bought off or black-mailed. Something is thoroughly wrong with Silberman, because nobody can be so incredibly wrong accidentally after a career made up of consistently thoughtful decisions. This particular ruling is the work of somebody who has abandoned the constitution, its meaning, and the entire notion of constitutional government. It’s time for Judge Silberman to go, whether by retirement or by impeachment.
Nothing in his long history of decent service explains this departure from reason, and only senility or subversion explains the 76 year-old’s decision. I don’t know what has turned Judge Laurence Silberman from his lifetime along the path of reason and justice, but I really don’t care. It’s time to pack up his gavel and get the hell off the bench if he doesn’t know the difference between the regulation of a producer and a consumer. Judge Silberman’s ruling effectively tells us we can be compelled by government to buy anything it comes to believe is in its interests.
Let’s consider what Judge Silberman said in his ruling:
“The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local — or seemingly passive — their individual origins,” Judge Silberman wrote in the majority opinion.
Consider what this means. According to Silberman, even seemingly passive activities may be regulated. Along these lines, why can’t government require you to purchase stock in IBM, or even require the purchase of government bonds? What rationale permits him to believe this is the proper role of government? I shudder to think what must have become of his mind. Once, he had been a leading constitutional jurist, but now he’s reduced to the level of another statist hack, lying upon his back in supine submission to the almighty state. This ruling crudely asserts that every action or inaction of any producer or consumer is subject to regulation and command by the Federal government. If you thought you had lived in a free country, I want you now to know and understand that Laurence Silberman has just given Congress permission to tell you how to spend or not spend every penny you have, earn, are owed, owe, or in any way come to possess. There is no further limit. None!
I’m not an attorney, and I don’t play one on TV, but let me tell you my layperson’s view of this ruling: What Judge Silberman has declared in this ruling is that you are a slave to the interests of the United States Federal Government. You will have no sovereignty over your own economic activity or even inactivity that Congress cannot overrule. It’s a frightening abandonment of the principles that we’ve enjoyed as a nation for more than 200 years. Yesterday evening, I covered the “Christmas Tree Tax” and what you must understand is that this ruling of the Appeals Court means that not only does the federal government claim the authority to regulate you and charge you fees, but also to compel you to buy things. If the government says it can force you to pay a fee if you choose to purchase a Christmas tree is bad enough, but consider what will happen when Silberman’s ruling serves as the eventual precedent by which you will be ordered to buy a Christmas tree in the first instance. This is where the court’s ruling leads. Silberman was joined in this 2-1 decision by another Carter appointee and hack, Judge Harry Edwards, but please do understand that Edwards’ decision in this case isn’t the surprise. The news in this ruling is Silberman’s abandonment of reason.
This one ruling says more to me about the future of this country than anything else that has happened recently. We must see this overturned, or we will have no country. Judge Silberman is happy to consign us all to the status of slaves. Some will make excuses for him, given his previous rulings, but I won’t. If you slip a mental gear, it’s time to go. We can’t afford this any longer, and we can’t afford such judges either. Jay Sekulow says there will be an appeal. Whoopee! The real loss in this ruling was Judge Silberman’s mind. Time for him to go.