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Daily Caller: The last, best hope to defeat Obamacare

The first Monday in October ushered in the Supreme Court’s new term. This term marks two tremendous anniversaries — Justice Antonin Scalia’s 25th year on the court, and the 20th for Justice Clarence Thomas. These two jurists are best known for their originalist approach to interpreting the Constitution. Throughout their decades on the court, they have stood as reliable, conservative bulwarks against judicial activism and against the unchecked expansion of the federal government.

This term, Justices Scalia and Thomas may have the opportunity to rule on President Obama’s most brazen expansion of government, his Affordable Care Act, better known as Obamacare. Obamacare is an unprecedented expansion of government power; never before has the government ordered a private citizen to purchase a product based on nothing more than the fact that they are living and breathing. If the government can mandate an individual purchase health insurance, where does its power end? Can it force you to purchase an automobile? Can it dictate which kind of automobile? (Maybe one of those swanky new Fisker electric cars built in Finland, financed with our tax dollars.)

From the day that Obamacare was signed into law, it has been the subject of litigation. Twenty-six states challenged the legislation in a lawsuit brought in Florida. Virginia brought its own challenge. Currently cases challenging the constitutionality of Obamacare have been brought in the Fourth, Sixth and Eleventh Circuits. The Department of Justice has asked the Supreme Court to review the Eleventh Circuit case.

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