The lawsuit against health care nationalization has passed its first hurdle. The judge hearing the case found:
The guiding precedent [on the Commerce Clause] is informative but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.
(Emphasis mine.) This is just what Randy Barnett has been saying.
