So is his Presidency!
The American public deceived. The change that Democrats voted for, was not a change toward COMMUNISM. They, I believe, have been taken for a ride. The legal citizens of this country that are Democrats, in my opinion, have NO VOICE. Their entire party has become a deception. It’s an unconstitutional oligarchy that is in control of the vast majority of the POLITICIANS and tools of government. It’s been slowly inching it’s way to becoming a Socialistic Government. The Socialists, who started out that way, however, quickly become Progressive (another term for Communists), when presented with the overwhelming weight of their own party’s morphing toward Communism. Socialism is a concept that isn’t sustained. The larger the government, the quicker it becomes Communism.
Left unprepared for ObamaCare ruling
Liberal pundits who have consulted liberal law professors about liberals’ great achievement — ObamaCare — are pronouncing the ruling by Judge Roger Vinson to be much to do about nothing. The ruling is. . . um. . . thinking of a case liberals hate.. um… just like Bush v. Gore ! (Except it has nothing to do with the Equal Protection Clause or any other aspect of that case.) It is, we are told, “curious,” “odd,” or “unconventional.”
These are complaints, not legal arguments. And they suggest that the left was totally unprepared for the Constitutional attack on their beloved handiwork. After all, the recent mocking by the left of conservatives’ reverence for the Constitution suggests they are mystified that a 200-year old document could get in the way of their historic achievement. They are truly nonplussed, and so they vamp, not with reasoned analysis but with an outpouring of adjectives.
Liberals are particularly perturbed by Judge Vinson’s ruling on severability, the determination as to whether the individual mandate is so central to the law as to make the law unrecognizable and unenforceable without it. But here, the left has only the administration and the Democratic-controlled Congress to blame. From the opinion(the defendants are the Obama officials):
Having determined that the individual mandate exceeds Congress’ power under the Commerce Clause, and cannot be saved by application of the Necessary and Proper Clause, the next question is whether it is severable from the remainder of the Act. In considering this issue, I note that the defendants have acknowledged that the individual mandate and the Act’s health insurance reforms, including the guaranteed issue and community rating, will rise or fall together as these reforms “cannot be severed from the [individual mandate].”
Oops. Not some crazy judge, but the administration was the source of the notion that the individual mandate can’t be severed from the rest of the law.
But it’s not just the administration; it seems Congress did its part to contribute to the invalidation of the whole statute. Judge Vinson observes that “the Act does not contain a ‘severability clause,’ which is commonly included in legislation to provide that if any part or provision is held invalid, then the rest of the statute will not be affected.” He observes that this defect is not necessarily determinative. However, “The lack of a severability clause in this case is significant because one had been included in an earlier version of the Act, but it was removed in the bill that subsequently became law.” Oh, now, there’s a problem.
That is no small matter, the judge explains:
The absence of a severability clause is further significant because the individual mandate was controversial all during the progress of the legislation and Congress was undoubtedly well aware that legal challenges were coming. Indeed, as noted earlier, even before the Act became law, several states had passed statutes declaring the individual mandate unconstitutional and purporting to exempt their residents from it; and Congress’ own attorneys in the [Congressional Research Service] had basically advised that the challenges might well have legal merit as it was ‘unclear’ if the individual mandate had ‘solid constitutional foundation.'”
As the opinion goes on, the judge makes clear that the Obama team dug its own grave on the severability point:
To be sure, the words “protection” and “affordable” in the title of the Act itself are inextricably tied to the health insurance reform provisions (and the individual mandate in particular), as the defendants have emphasized throughout the course of this litigation
Ezra Klein cherry picks one line from the case (“This is not a situation that is likely to be repeated”) as evidence the court is doing something untoward. But a cursory reading of the the preceding pages explainswhy this outcome is not likely to be repeated. Congress in removing the severability clause, the Obama lawyers in repeatedly arguing the individual mandate was essential to the statute and, finally, the interlocking pieces of the statute itself are such that it’s hard to imagine a similar case arising.
The only thing “odd” about the ruling is the left’s response. The cheerleaders for ObamaCare better hope the Obama legal team has some better arguments in the upcoming rounds of litigation.
By Jennifer Rubin | January 31, 2011; 6:32 PM ET
Federal Judge Rules Health Care Reform Unconstitutional
by Emily Ramshaw
January 31, 2011
A federal judge in Florida has ruled that thePatient Protection and Affordable Care Act — the federal health care reform that was signed into law in March — is unconstitutional, largely because it forces all Americans to purchase insurance or face penalties.
“Today’s ruling represents a victory in the ongoing effort to end federal intrusion into the lives of every American through this one-size-fits-all approach to health care reform,” Gov. Rick Perry said in a statement.
Texas is one of 25 states that joined Florida in challenging the measure, known in less affectionate circles as “Obamacare.” Texas Attorney General Greg Abbott has argued that if the federal government can force people to buy health insurance — hitting them with a penalty if they don’t — what’s to stop them from making other mandates?
“This is a great day for liberty and the vitality of the U.S. Constitution,” Abbott said in a statement. “The Constitution limits Congressional power, and in this case, Congress exceeded its power.”
U.S. District Judge Roger Vinson in Pensacola ruled that the federal reform’s mandate that people buy health insurance by 2014 or face stiff penalties is outside Congress’ “Commerce Clause power,” and is therefore unconstitutional. He argued the individual mandate isn’t severable from the rest of the reform, meaning “the entire act must be declared void.”
“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate,” Vinson wrote.
Vinson’s decision comes after a federal judge in Virginia ruled that forcing Americans to purchase insurance is illegal. Meanwhile, a federal judge in Michigan has declared the so-called individual mandate constitutional, under the congressional power to regulate interstate commerce.
Two weeks ago, the U.S. House voted to repeal health reform, though the Senate is unlikely to do so, and President Obama has vowed to veto such a move.
Experts expect the legal challenge to go all the way to the divided U.S. Supreme Court, which is dominated by a 5-4 conservative majority.
“Today’s ruling is exactly the check against congressional overreach that the Founding Fathers intended it to be,” said Arlene Wohlgemuth, executive director of the conservative Texas Public Policy Foundation. “When the U.S. Supreme Court upholds today’s decision, it will open the door for states to implement real health care reform.”