Judge allows healthcare reform challenges to move forward
Twenty states have filed a lawsuit challenging the constitutionality of the healthcare reform law–most notably the healthcare mandates included in the bill–and yesterday a judge cleared the way for the lawsuits to move forward. U.S. District Judge Roger Vinson stated that there were enough questions on the constitutionality of healthcare mandates to allow these lawsuits to proceed:
I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed,” Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.”I am only saying that … the plaintiffs have at least stated a plausible claim that the line has been crossed
This is a blow to the Obama regime, which was trying to get these lawsuits thrown out. This judge did however throw out four of the six claims brought forth by the states but did rule that there is enough of a concern over one of the most contentious aspects of the new law–the constitutionality of forcing Americans to buy health insurance:
The power that the individual mandate seeks to harness is simply without prior precedent
Judge Vinson also chided Democrats for trying to have it both ways on the issue of whether or not the fines incurred by those who do not acquire the mandated insurance are actually paying a tax.
Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an “Alice-in-Wonderland” tack and argue in court that Congress really meant something else entirely, thereby circumventing the safeguard that exists to keep their broad power in check
What the judge is alluding to by this statement is the fact that Barack Obama while on television denied Republican claims that this “fee” was a tax on middle class Americans while at the same time arguing in court that the healthcare reform law was constitutional under the commerce clause because the Congress is given the power to implement taxes.
Barack Obama was trying to have it both ways on this issue but he was caught in a bold faced lie and he has been called out by Judge Vinson and there is no longer any hiding from his duplicity. He can no longer have it both ways–either this is a tax as he is arguing in court, or it is not a tax as he is telling the American people. But this is secondary to the larger issue, getting this disastrous and unconstitutional bill repealed.
This ruling was the opening, but this issue is not going to be resolved for many, many years as this challenge makes its way through the courts. This was a major victory for the American people and the constitution but it is a long way from being resolved.
America's Watchtower 
Last I heard, we only need 48 or so more signature to bring this to a vote on the floor to vote on repealing it. That would be a wonderful day!
LikeLike
Now that would be a great day for America!!!
LikeLike
This is a victory, but only one. We’ll need a few more. This turkey is so intricate, that if any of it is struck down, it all falls apart.
LikeLike
A house of cards? Then lets pull out the main pillar!
LikeLike
Nov. 2nd is looming large… Early voting begins Monday here in Dallas County… And the results can’t get here soon enough…
But again, mark my words, Obama as a loser, Obama with a LAME DUCK Congress and Senate, is even more dangerous than he is right now…
If only we could get Christine O’Donnell to cast a spell or something… 😕
LikeLike
The lame duck Congress could be very dangerous, we will have to watch them very closely.
LikeLike
I have very little faith in a court system that has been infected by progressive activist judges. The states need to simply nullify ObamaCare and move on. If enough states take this action there will be very little the federal government can do. After all a law is only effective if it can be enforced.
LikeLike
I would prefer to see the states refuse to implement Obamacare, but at least we are moving towards repeal. It is hit or miss with these judgres however and this will likely go all the way to the Supreme Court and that could take years. In the meantime damge will be done that we might not be able to repair. Repeal in the COngress may be the quickest way out, but even that remains a longshot.
LikeLike
Like John, I have very little faith in the court system. We could probably win this case if it goes to the Supreme Court, but it will be years in getting there and I seriously doubt a lower court judge will issue any kind of injunction to prevent the mandates from being enacted.
LikeLike
Agreed! This will win in the Supreme Court but that will take years and we are assuming that the SG will still be the same as constituted right now, that might not be the case.
LikeLike