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Published on January 31, 2011 By terpfan1980 In Politics

In case you've not seen the headlines at Drudge or other places, apparently a federal judge has declared that the Obama Healthcare plan is VOID because the mandate that U.S. citizens must buy health insurance is unconstitutional and that because of how intertwined that requirement is the entire thing is voided.  Wow.

I expected that mandate requirements would be tossed and eventually replaced with something that accomplishes the same basic goals, but for the whole thing to be voided?  Really?!

Yeah, I know it must go or will be appealed up to the SCOTUS (Supreme Court of the United States) but would you expect anything better than a 5-4 decision to come out of the current court?  Worse, it is possible it might become a 6-3 decision or one that looks even worse for Obamacare.

That whole "symbolic" vote that was held by the new GOP/Tea-party controlled House of Representatives that was basically laughed off or at least seen as nothing but an exercise in politcal theatre?  Uh, yeah, we're gonna get a lot more of that over the next several months *assuming* President Obama wants to rescue any of what had been a crown jewel accomplishment of his administration.

One wonders a bit if there aren't a bunch of Democrat former lawmakers that are now really kicking themselves in the rear over having rammed through the Democrat/Obama healthcare plan?  Perhaps if they had worked in a spirit of cooperation and really involved the GOP, they may have passed a plan that would have survived and really would have been good for all citizens of the U.S.A.  Granted, the GOP was running in "NO" mode for most of the time they would have had to cooperate, but President Obama could have taken to the bully pulpit to put pressure on the GOP to step up to the plate and he could have kept his own party in power, perhaps even widening their margin of control in the House with obvious proof that the GOP was being obstructionist and keeping that "change" that Obama had promised from happening.

Again though, WOW.  Definitely not what I had really expected, but of course it hasn't all played out yet.


Comments (Page 1)
on Jan 31, 2011

Best quote:

it is not hyperbolizing to suggest that Congress could do almost anything it wanted. It is difficult to imagine that a nationwhich began, at least in part, as the result of opposition to a British mandate givingthe East India Company a monopoly and imposing a nominal tax on all tea sold inAmerica would have set out to create a government with the power to force peopleto buy tea in the first place. If Congress can penalize a passive individual for failingto engage in commerce, the enumeration of powers in the Constitution would havebeen in vain for it would be “difficult to perceive any limitation on federal power”

on Jan 31, 2011
"No mode" was the correct mode. To paraphrase someone, "Seriously?"
on Jan 31, 2011

Thanks for posting this.

Definitely not what I had really expected,

It's been known all along, at least to those who have some knowledge of the US Constitution and how that effects making laws, that Obummercare is unconstitutional.

 

Perhaps if they had worked in a spirit of cooperation and really involved the GOP, they may have passed a plan that would have survived and really would have been good for all citizens of the U.S.A.

Well they will soon enough get their chance to work in a spirit of cooperation.

on Jan 31, 2011

President Obama wants to rescue any of what had been a crown jewel accomplishment of his administration.

Obummercare a crown jewel accomplishment? Aye...yi...yi. The feds requiring us to buy health insurance.....how can something that is plainly unConstitutional be a crown jewel accomplishment?

Obama engaged in repeated deception and obfuscation in his drive to push Obummercare especially regarding the federal mandate for individuals to purchase health care coverage or face a fine. This mandate is contrary to the very nature of government and beyond what a lawful government can impose on its people.

Obummercare health control was not only bad and expensive for America, it was dangerous to our health,our pocketbook, and our freedom.

 

on Jan 31, 2011

Hand me the tinfoil hat if you wish, but Judge Vinson is quite correct - if they can force us to buy insurance, they can force us to do anything, in the name of 'the impact it will have on others'.  There is no logical limit to the extension of the argument and no reason whatsoever to believe that once such power is legitimized, it won't be used over and over again, no matter how many times they say, "Oh, don't be silly."  There is no limit to the 'progressive' lust for a fully-controlled 'designer' society (provided it is controlled by the enlightened elite, meaning themselves).  Nothing at all to lead me to believe they are capable of putting the brakes on.

on Jan 31, 2011

Obamas long list of failures are really mounting. The trillion dollar stimulus that created no jobs, Closing Gitmo, terror trials in NY, the police acted "stupidly" and now Obamacare is crumbling under legal scrutiny. We can also add the fall of Egypt to Obamas list of accolades.

on Feb 01, 2011
1 Republican vote it got - one.
on Feb 01, 2011

lulapilgrim said:

It's been known all along, at least to those who have some knowledge of the US Constitution and how that effects making laws, that Obummercare is unconstitutional.

It isn't that I didn't think it would be killed, it's that I didn't think the whole thing might be killed by the one issue.  I expected it to fall apart in pieces, or at least to be changed in pieces, with the mandate to buy insurance being the first part to get killed off.  To have that single issue kill the whole thing is a bit surprising to me.

lulapilgrim said:

Obummercare a crown jewel accomplishment? Aye...yi...yi. The feds requiring us to buy health insurance.....how can something that is plainly unConstitutional be a crown jewel accomplishment?

And yet again, not that I would consider it a crowning achievement, but Obama and the Democrats (especially Pelosi and Reid) would have considered Obamacare a crowning achievement.  Instead it became one of the biggest reasons their party has lost or is losing power and now it's being dismantled far quicker than they'd expected -- if they were even realistic enough to expect it wouldn't survive.  Granted, Democrats are frequently delusional, so maybe they just didn't see the reality of it all, but still they must have expected it would last longer than it has or will.

In the end, thank God that there are Judges that understand the constitution and won't roll over to the Democrats in rubber stamping the unconstitutional laws they've tried to pass.  Even if we must wait until the whole thing goes in front of the Supreme Court, it will likely eventually be declared dead.

on Feb 01, 2011

Daiwa
1 Republican vote it got - one.

And Obama campaigned against the guy! (He won William Jefferson's seat - the cold cash guy).

This makes it 2 and 2, but of the 2 that declare it is unconstitutional, both are the majors (the others were tossed on technicalities really since they ruled the plaintiffs had no standing).  But it is the most sweeping!  I agree with Terp's surprise at the scope of the ruling.  Should SCOTUS uphold the law, then basically they can toss the constitution out the window as it is meaningless (it does not mean much since the court has been imputing things to it that do not exist).

I heard the other day that the Virginia verdict is going to be fast tracked to SCOTUS, but that means May at the earliest for a ruling.  I suspect they will combine this one with the Virginia one in a single case.

If I had to bet, I would say that part of the judges ruling will definitely get tossed - the sweeping aspect of it.  But as for the rest?  If you are a betting man I will give you only 50/50 odds.

on Feb 01, 2011

It isn't that I didn't think it would be killed, it's that I didn't think the whole thing might be killed by the one issue. I expected it to fall apart in pieces, or at least to be changed in pieces, with the mandate to buy insurance being the first part to get killed off. To have that single issue kill the whole thing is a bit surprising to me.

OK. I see that now. Pardon my misundersanding.

And yet again, not that I would consider it a crowning achievement, but Obama and the Democrats (especially Pelosi and Reid) would have considered Obamacare a crowning achievement.

Again, sorry about that...my reading skills last night were on the fritz I guess!

but Obama and the Democrats (especially Pelosi and Reid) would have considered Obamacare a crowning achievement.

For sure, they have been crowing about it every chance they get.

In the end, thank God that there are Judges that understand the constitution and won't roll over to the Democrats in rubber stamping the unconstitutional laws they've tried to pass.

Amen.

Should SCOTUS uphold the law, then basically they can toss the constitution out the window as it is meaningless (it does not mean much since the court has been imputing things to it that do not exist).

This makes me shudder, but I'm hoping people are finally waking up and realizing that we can't take our freedom for granted.

on Feb 01, 2011

It's sad that people put political spins to these debates with the whole "you're against people who can't afford healthcare" argument when most of us are concerned with the implementation of the bill, the way it circumvents the Constitution and the ramifications this can have if allowed to simply exist without questioning it. This is about fighting against a group of people who think the average American is too stupid or ignorant to see what is happening and what they are doing and taking advantage of this to take control of the American people and gain benefits from this control in the process.

It's obvious that when people are given an inch they take a mile and allowing a law that forces people to "purchase" something when the Constitution literally makes this illegal is opening the doors to more of this kind of political manipulation and control over the American people. Ironically, that which made this President famous is turning into his worst nightmare, technology. Obama took advantage of the ability we have today to spread information faster and farther, easier and cheaper (facebook, twitter, youtube, emails, websites, etc) than ever before to run his campaign and it was a success. Little did he know that these same people would continue to use this technology to follow his every mood and in the political world when he now lives in politicians don't always want everyone to know everything they do every second of the day and that is exactly what is happening. Youtube makes your words unforgettable and undeniable, facebook gets these words to a large audience, twitter tells everyone the word is out and emails spread the word like viruses.

on Feb 01, 2011

It's sad that people put political spins to these debates with the whole "you're against people who can't afford healthcare" argument

That is not even spin, but talking points.  While the bait and switch that pelosi and reid played with the CBO made them declare it was revenue neutral, the truth, even by the CBO numbers shows that:

#1 - it is a deficit maker (10 years revenue - 6 years cost)

#2 - It is not cutting prices, it is increasing prices.

So it is not helping anyone get insurance - unless they nationalize the industry - which is their ultimate goal.

 

on Feb 02, 2011

That is not even spin, but talking points. While the bait and switch that pelosi and reid played with the CBO made them declare it was revenue neutral, the truth, even by the CBO numbers shows that: #1 - it is a deficit maker (10 years revenue - 6 years cost) #2 - It is not cutting prices, it is increasing prices. So it is not helping anyone get insurance - unless they nationalize the industry - which is their ultimate goal.

I liked how the judge used Obama's own words against him at the end of his ruling:

if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’

on Feb 02, 2011

Or this mandate:

Bill Would Require All S.D. Citizens to Buy a Gun


Five South Dakota lawmakers have introduced legislation that would require any adult 21 or older to buy a firearm “sufficient to provide for their ordinary self-defense.”

The bill, which would take effect Jan. 1, 2012, would give people six months to acquire a firearm after turning 21. The provision does not apply to people who are barred from owning a firearm. Nor does the measure specify what type of firearm. Instead, residents would pick one “suitable to their temperament, physical capacity, and preference.”

The measure is known as an act “to provide for an individual mandate to adult citizens to provide for the self defense of themselves and others.”

Rep. Hal Wick, R-Sioux Falls, is sponsoring the bill and knows it will be killed. But he said he is introducing it to prove a point that the federal health care reform mandate passed last year is unconstitutional.

on Feb 02, 2011

lol, sometimes you just have to dumb things down so the rest of the obamabots can understand it. Imagine if this gun law actually passed.

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