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Fenris
Feb 25th 2011, 01:30 PM
...according to a judge ruling in favor of Obamacare.
Judge Kessler :

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power. See Thomas More Law Ctr., 720 F.Supp.2d at 893 (describing the “activity/inactivity distinction” as an issue of first impression). However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance…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. To pretend otherwise is to ignore reality.

-SEEKING-
Feb 25th 2011, 01:32 PM
Wow. Isn't this what Minority Report was about? That Tom Cruise movie?

RabbiKnife
Feb 25th 2011, 01:52 PM
...according to a judge ruling in favor of Obamacare.
Judge Kessler :

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power. See Thomas More Law Ctr., 720 F.Supp.2d at 893 (describing the “activity/inactivity distinction” as an issue of first impression). However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance…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. To pretend otherwise is to ignore reality.




Look on the bright side. Half the country does not engage in mental activity.

tango
Feb 25th 2011, 01:58 PM
...according to a judge ruling in favor of Obamacare.
Judge Kessler :

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power. See Thomas More Law Ctr., 720 F.Supp.2d at 893 (describing the “activity/inactivity distinction” as an issue of first impression). However, this Court finds the distinction, which Plaintiffs rely on heavily, to be of little significance…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. To pretend otherwise is to ignore reality.




Sounds like something that could easily be challenged.

I might make an active decision to do something, or an active decision to not do something. At the same time I might also make an entirely passive decision to not do something on the basis of it being the default position until I make an active decision to change it.

I made an active choice to not go out on the bike because it was raining, but I wouldn't call it an active choice I make every day to not set fire to my neighbour's car, for instance. It's just not something I even consider doing.

the sound
Feb 25th 2011, 02:47 PM
Wow. Isn't this what Minority Report was about? That Tom Cruise movie?

you mean the Philip K Dick novel right? ;)

Warrior4God
Feb 28th 2011, 03:49 PM
Look on the bright side. Half the country does not engage in mental activity.

While I somewhat agree with your commentary, it's still frightening to see things go the way of "Big Brother" and "1984." :2cents:

RabbiKnife
Feb 28th 2011, 04:07 PM
Wouldn't Congress have to engage in mental activity before it could regulate it?

Warrior4God
Feb 28th 2011, 04:14 PM
Wouldn't Congress have to engage in mental activity before it could regulate it?

Hmm. That's an excellent question to ask, I have to admit. :hmm::lol:

Liquid Tension
Mar 1st 2011, 04:03 AM
Wouldn't Congress have to engage in mental activity before it could regulate it?

:rofl: :lol: :rofl:

I think D.C. implode if that ever happened.