Fascism is when companies get rich because the government made you buy their health insurance

"It's not fascism when we do it!"

Supreme Court ruling in 2011 requiring releases from Calif. prisons to ease overcrowding results in officer slaying on Monday

The story is here.

Justice Antonin Scalia, who dissented here, called it "perhaps the most radical injunction issued by a court in our Nation's history": 

Today the Court affirms what is perhaps the most radical injunction issued by a court in our Nation's history: an order requiring California to release the staggering number of 46,000 convicted criminals.

What? Roe v. Wade, which resulted in the deaths of millions of innocents, was less radical? Overturning millennia of marriage law and the statutes of 30 states was less radical? Obliging people to engage in health insurance commerce was not a repudiation of centuries of contract law? 

Antonin Scalia was right to dissent in this one, but come on, Solomon he was not.

ObamaCare Will Coerce Americans Into Health Insurance Contracts

ObamaCare coerces Americans into health insurance contracts on threat of a financial penalty, which Justice Roberts now speciously calls a tax in order to find some penumbra in the constitution other than the commerce clause to allow it.

Under contract law, coercion nullifies any contract when it nullifies the equality which must exist between the two parties making the contract.

Justice Roberts pretends that there is equality here. There isn't. I either buy a policy on my own, or pay a fine to the government. Either way, I'm out the money and have no choice about it.

In the real world, choice means I get to choose not to purchase and keep my money. In the case of ObamaCare, I have no such choice.

And therefore health insurance will stop being a lawful contract.

Justice Roberts has just vitiated centuries of contract law. You can call that anything you want (tyranny comes to mind), but it certainly isn't conservatism or originalism.

George Will Notices Amicus Brief That ObamaCare Violates Centuries Of Contract Law

In his Washington Post column, here:

The individual mandate is incompatible with centuries of contract law. This is so because a compulsory contract is an oxymoron.

The brief, the primary authors of which are ... Elizabeth Price Foley and Steve Simpson, says that Obamacare is the first time Congress has used its power to regulate commerce to produce a law “from which there is no escape.” And “coercing commercial transactions” — compelling individuals to sign contracts with insurance companies — “is antithetical to the foundational principle of mutual assent that permeated the common law of contracts at the time of the founding and continues to do so today.” ...

Throughout the life of this nation it has been understood that for a contract to be valid, the parties to it must mutually assent to its terms — without duress. ... Under Obamacare, the government will compel individuals to enter into contractual relations with insurance companies under threat of penalty.


Like governments, contracts derive "their just powers from the consent of the governed." And when the consent is missing, "it is the Right of the People to alter or to abolish it."

And we will, one way or another.

Greeks Violate Contract Law Just Like ObamaCare Does in America

Obama and the Democrats have violated hundreds of years of contract law in passing ObamaCare because the law forces Americans to enter into health insurance contracts on penalty of fine or even imprisonment. For contracts to be valid in a court of law, however, contracts must be entered into willingly, not under compulsion.

Now we learn here that the Greek Parliament, having thrown out people who won't vote the correct way, has interfered with bond contracts, rewriting the terms after the fact in order to get what it wants:

The Greek parliament's retroactive law last month to insert collective action clauses (CACs) into its bonds to coerce creditor hold-outs has added a fresh twist. These CAC's are likely to be activated over coming days. Use of retroactive laws to change contracts is anathema in credit markets.

Add to this the US housing MERS scandal which has violated the ancient principle of traceable registered property documentation and I'd say we have a trinity of cases demonstrating a complete and utter repudiation of The West by The West.

ObamaCare Inspires Fear For The Sake Of Making A Contract, Violating The Law

This is what ObamaCare does: It threatens with a fine the person who fails to make a contract with an insurance company.

"[I]n the freedom of choice there ought to be a kind of equality between the contracting parties. ...[N]o fear should be unjustly inspired for the sake of making the contract, or, if such fear has been inspired, that it should be removed."

-- Hugo Grotius, On Contracts, The Law of War and Peace, Book 2, 12, X (1625)