Three Republican candidates for the Louisiana Supreme Court today debated the implications of the U.S. Supreme Court’s decision last month to uphold the Affordable Care Act, among other legal issues, at the monthly Ronald Reagan Newsmaker Luncheon in Baton Rouge.
The candidates largely agreed with one another that U.S. Supreme Court Chief Justice John Roberts’ decision not to uphold the act under the Commerce Clause was the right decision, but they were equally dismayed by his opinion that government can penalize citizens with a tax for not buying health insurance.
The candidates included Court of Appeal First Circuit Judge Toni Higginbotham of Baton Rouge, Court of Appeal First Circuit Judge Jefferson Hughes of Livingston, and Court of Appeal First Circuit Judge Jewel “Duke” Welch of Baton Rouge. State District Judge William Morvant, who was expected to join the debate, was not present because he was in court, says luncheon chairman Richie Edmonds.
Court of Appeal First Circuit Judge John Guidry, a Democrat, did not attend the debate but is also a candidate for the Louisiana Supreme Court seat.
The candidates are vying for the seat that will be left vacant with the retirement of Chief Justice Catherine “Kitty” Kimball, who has served on the state Supreme Court for 20 years.
Regarding the Commerce Clause argument put forth by the Obama administration, the candidates applauded the Supreme Court’s decision to rule the clause did not apply to the act. They referred to related Commerce Clause cases they studied in law school and still find difficult to believe, such as one concerning a chicken farmer who grew wheat to feed livestock but was told the government could regulate his wheat production so it didn’t affect wheat prices.
With the Supreme Court’s recent decision, now “Commerce can be regulated by Congress but not compelled by Congress,” Hughes said.
The recent ruling means the Supreme Court will no longer use the Commerce Clause in future rulings, the candidates concurred.
“The good news is, I think Roberts has said those days are gone,” Higginbotham said.
The candidates agreed it is still too early to know what the tax penalty will be for people who do not buy insurance. But it should be reasonable, they say. For those who don’t take the tax to heart, the candidates urged luncheon attendees to make a difference with their votes and help put a new president in power to ensure Republican control of Congress so the health reform law can be repealed.
Welch questions the legal parameters the IRS might use to enforce and collect a tax, arguing the governmental department cannot levy taxes for failure to buy insurance.
The candidates were asked how they would use foreign laws when judging cases that involve emigrant matters, such as divorces when a spouse is overseas. Welch pointed to Justice Ruth Bader’s Ginsburg rationale that the Supreme Court should consider that other developed countries don’t punish juveniles with life sentences for murder, saying: “The legislative branch is to tell us what to do—our job is to interpret.”
The luncheon closed with a reminder to those in attendance that there’s a silver lining in the Supreme Court’s recent decision on the Affordable Care Act: an end to the Commerce Clause appears to be near and the health care law can be overturned with Republican power.
Editor’s note: This story has been changed since its original publication due to incorrect information provided to Daily Report by the event organizers. Daily Report regrets the error.
