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Politics : A US National Health Care System?
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To: Lane3 who wrote (23548)3/30/2012 9:50:43 PM
From: TimF  Read Replies (1) of 42652
 
They where state laws, but there is a strong interstate commerce angle here. The only reason I wouldn't say its an obvious or pure federal issue is that they are in fact state courts, and the suits are over torts under state law, so its more state than federal, but still not an area where the feds are constitutionally excluded.

Regulating these courts probably fits with federalism (which is more about the constitutional limits on the federal government), but not with subsidiarity (deciding things on the lowest/smallest level that they can reasonably be decided on).

who have been fussing that Obamacare intruded into the states' bailiwick

With far more justification than fussing about this. Regulating an action with a strong direct effect on commerce is rather different than trying to regulate the lack of action, and compel someone to sign a contract and engage in commerce. Not that the former is anywhere near a slam dunk case, either in general terms or in terms of federalism, but the later is obviously anti-federalist, totally unsupported by the words of the constitution, and without judicial precedence that supports it.

"Federalism" doesn't mean "the states always get to decide". Its about the states having some roles and the feds others. This is in sort of a grey zone.

OTOH, the idea of having states try out different possible policies to see which one works best is an appealing one and could work here.
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