Now, let me read to you a portion of a Clarence Thomas opinion on the Commerce Clause. And this will tell you why the Toobin piece has been written and this will tell you why the left is peeing in their pants, basically, over Clarence Thomas and Obamacare. This is from United States Petitioner vs. Alfonso Lopez Jr. 1995, the Commerce Clause. Clarence Thomas: “If we wish to be true to a Constitution that does not cede a police power to the Federal Government, our Commerce Clause’s boundaries simply cannot be ‘defined’ as being commensurate with the national needs or self consciously intended to let the Federal Government defend itself against economic forces that Congress decrees inimical or destructive of the national economy.”

In other words, Clarence Thomas is saying we cannot let the federal government use the Commerce Clause as an excuse to do anything, otherwise we’re going to lose the country. Federal power will know no bounds. Now, the Commerce Clause, as you know, is a key fight in one element of Obamacare. In fact, it’s not just a key element, the Commerce Clause portion of Obamacare is requiring all of us to buy health insurance. That, by the way, is where the funding comes from to get the CBO score. If ultimately the Supreme Court says the federal government cannot require us to buy health insurance, the whole law crumbles because there will be no money for it.

That’s why all of a sudden Clarence Thomas has become a genius who must be disqualified from sitting in judgment of the final case. Literally fascinating. Commerce Clause simply can’t be used to say you have to buy insurance. That’s policing. Clarence Thomas’s led intellectually the assault on this. This is not to slight any of the other justices, by the way. Don’t misunderstand.

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