Michigan: Raising Their Own Bar
By Hadley Heath
Carrie Severino, policy director for the Judicial Crisis Network, has an insightful, critical analysis of Judge Steeh’s ruling in the Michigan case (Thomas More Law Center v. President of the United States):
… Judges like Judge Steeh, who clearly believe that the judiciary must interpret the Constitution in accordance with evolving “values” and their own understanding of how that document should apply to contemporary society, are far more likely to conclude that — regardless of the Framers’ design and the Constitution’s clear limits on federal power — Congress can lawfully impose a requirement that Americans obtain and maintain health insurance for themselves and their families. This being the case, challenging Obamacare in a federal court located in the most liberal part (Detroit) of an increasingly liberal state was itself a serious mistake.
Severino goes on to explain that perhaps the Plaintiffs in this case aimed to high, and “by raising their own bar,” made it harder to win. I urge you to read the analysis in full.