In declaring mandatory health insurance unconstitutional, Federal Judge Henry Hudson uses a perfect tautology—a fallacy that proves a point by restating it. Buying insurance isn’t covered under the Commerce Clause of the Constitution, the judge says. Therefore, he says, the law can’t be covered under the Necessary and Proper Clause.
The problem is, the Necessary and Proper Clause exists to extend federal power over things not covered by the Constitution.
In other words, Hudson argues that because insurance isn’t covered by the Constitution, it can’t be covered by the part of the Constitution that exists to cover stuff that isn’t otherwise covered. You follow?
While striking down a key part of the health care law, Judge Hudson has pulled off an equally impressive feat: embarrassing his fellow conservatives.
See this piece in Talking Points Memo. Then laugh till you cry.