This week, the Circuit Court of Appeals for the District of Columbia upheld the constitutionality of Patient Protection and Affordable Care Act, commonly known as ObamaCare. In the case of Seven-Sky v. Holder, the three judges (Silberman, Edwards, and Kavanaugh) voted 2-1 in support of the legitimacy of the controversial healthcare mandate, which forces all Americans to purchase healthcare, and rejecting the notion that the legislation violates the Commerce Clause of the Constitution.
Judge Laurence Silberman, who has long been seen as judicial conservative, wrote the majority opinion. The judge expressed a certain discomfort with the legislation and what it could mean despite his ruling. He wrote:
“We acknowledge some discomfort with the Government’s failure to advance any clear doctrinal principles limiting congressional mandates that any American purchase any product or service in interstate commerce.”
Silberman also recognized that that the legislation was a violation of personal liberty, though he felt it was still keeping within the law and keeping in step with previous Congressional acts. “It certainly is an encroachment on individual liberty,” he writes, “but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race…”
The ruling is a disappointment to pro-lifers, who recognize that ObamaCare provides taxpayer funding for abortion and provides no conscience protection for pro-life healthcare workers. This legislation clearly violates at least two of our unalienable rights—those of Life and Liberty. The violation of Life occurs daily as the continued killing of unborn Americans continues. The violation of Liberty occurs as we are forced to support abortion and compelled to purchase insurance from the government—autocratic acts which are entirely opposed to our American tradition and character. This legislation, which was hastily pushed through Congress and enacted despite the misgivings of the American people, should not have a place in an American law code.
However, despite this loss, there is still hope— the Supreme Court is set to review the lawsuits challenging ObamaCare today. It is hoped that the Supreme Court will rule on the side of Life and Liberty in this issue which affects all Americans.
The SBA Pro-Life America National Pro-life Scorecard is a tool that helps hold members of Congress accountable for their legislative records on life and that highlights leadership in the fight to serve women and save babies.
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