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Obamacare: The healthcare reform law challenge is now on the fast-track

March 24, 2011

  The Obama regime believes that the longer the healthcare reform law challenge takes to make its way to the Supreme Court, the more time the regime will have to implement different aspects of the law. And the regime also believes that the more aspects of the law which are in place before the Supreme Court hears the challenge the more difficult it will be to repeal the law. Because of this, the Obama regime has tried to delay the process as long as possible so that more of the “reforms” will become law before the Supreme Court hears this case.

  It has been suggested by opponents of this sweeping “reform”–myself included–that with an issue as important as this one the law should be fast-tracked through the system so that the Supreme Court can hear this case as soon as possible. The Obama regime maintains the position that there is a system in place and that system should be allowed to operate normally–ignoring the fact that we may have a constitutional crisis at hand.

  Today we may have gained a small victory against this law which many people feel is unconstitutional as the healthcare reform law has now been placed on the fast-track.

Last Thursday, the U.S. Court of Appeals for the District of Columbia Circuit granted a motion by The American Center for Law and Justice (ACLJ) to fast-track an appeal of a decision by a federal district court in February that dismissed its lawsuit against Obamacare.

  Here is what  ACLJ Senior Counsel Ed White had to say about the ruling which will now expedite the healthcare reform law challenge:

 The case is now on an expedited process through the court of appeals, rather than the normal process, which can take months before you even get to (file) your brief and months and months — and sometimes even up to a year — before there’s oral arguments,” said White.

“The sooner we get a decision from the Supreme Court, the better for everyone, because small businesses right now are going to have to start to change how they are giving health care to their employees and to look into this, spend a lot of money looking at that. The states are now spending a lot of time and effort getting into compliance, so if Obamacare is eventually found unconstitutional then you’ve wasted all this time and money.

  This law includes many new regulations which will have dire consequences on small businesses–while large businesses and unions receive exemptions from the law (over 1,000 to be more precise)–and it seems to me that when the constitutionality of this legislation is in doubt that this challenge should be heard as quickly as possible.

21 Comments leave one →
  1. fleeceme's avatar
    March 24, 2011 9:03 pm

    The Obama regime maintains the position that there is a system in place and that system should be allowed to operate normally

    Funny how they wish to follow the law when it helps their cause? In almost every other case, the law is something to be avoided, subverted or just ignored in the greatest traditions of leftists the world over.

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  2. The Georgia Yankee's avatar
    March 24, 2011 9:04 pm

    Yeah, I’m with you. Let’s get this thing hashed out in SCOTUS for once and for all. I think some provisions are unconstitutional, especially the mandate. Others are within the boundaries of what’s become constitutional through an expansive reading of the Commerce clause.

    I just wonder if this activist Court (more activist, IMO, than any Court wince Warren’s) will infer sever-ability or decide that since the law was written without such a clause, the entire thing should be thrown out.

    If that happens, though, count on the GOP to take the hit for erasing some of the very positive things Obamacare provides – like the strict limitations on how insurance carriers can treat pre-existing conditions, for example.

    Anyway, take good care, and may God bless us all!

    TGY

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    • Steve Dennis's avatar
      March 25, 2011 6:10 am

      The last thing that we need is for this to linger for years, let’s get this over and move on from there. I am not sure the Republicans will take a hit for a court decision but you may be right. If the whole thing is thrown out maybe it will be a signal to get something positive done with healthcare reform–like working on the cost reduction side of things.

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    • mamapajamas's avatar
      mamapajamas permalink
      March 26, 2011 6:54 pm

      TGY, the severability clause was not put into the healthcare reform act for a specific reason… it isn’t what it appears to be. It is a platform to move the entire country to a single-payer system over time, via the bankrupting of commercial insurance companies through pricing them out of the private health market. If the individual mandate is removed, the purpose of the bill is lost. That’s why there is no severability clause. Without the mandate, the authors don’t want the bill.

      We even know what platform they are going to use for the down-the-road single-payer system… Medicaid. That was the reason the bill moves $800 billion from Medicare to Medicaid over time. Why else would Democrats, who guard Medicare jealously, universally support so much money to be taken away from Medicare? That is a very pertinent question, one you seriously need to ask.

      I had no idea what was in the bill. A friend who is an insurance adjuster went through it with a highlighter and made margin notes for me to interpret it.

      It is a platform to take the nation to single-payer. There is absolutely NOTHING about this bill that should be “saved”.

      If there are things you like, start over from scratch and try to get them put into a new bill, but this one smells to high heaven.

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      • Steve Dennis's avatar
        March 26, 2011 8:29 pm

        “If there are things you like, start over from scratch and try to get them put into a new bill, but this one smells to high heaven.”

        Exactly, throw this bill out and let us start over from scratch.

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  3. Matt's avatar
    March 24, 2011 9:16 pm

    This ought to get interesting. All the decisions up to and including the SCOTUS will create a ton of debate.

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    • Steve Dennis's avatar
      March 25, 2011 6:11 am

      The first debate is going to be over wich justices should recuse themselves–it has already started.

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  4. John Carey's avatar
    March 24, 2011 9:40 pm

    I have mixed feelings about this. On the one hand I like the idea that it is being fast tracked and we could be looking at the SCOTUS taking up the case before the structure is put in place. On their hand how reliable is the SCOTUS. I also think the longer this thing hangs out there the stinkier it becomes and this stink is going to envelop Obama and Dems that passed it. It could make it very difficult for him to run from it come 2012.

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    • Steve Dennis's avatar
      March 25, 2011 6:12 am

      An interesting point John, but if it hangs out there too long there is a chance Obama will get another SC nomination before the case is heard. If that happens it is all over.

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  5. Conservatives on Fire's avatar
    March 24, 2011 10:14 pm

    SCOTUS is our only hope. I’m for the fast track. Lets hope for the best.

    Like

  6. Phillip Cleary's avatar
    Phillip Cleary permalink
    March 25, 2011 12:43 am

    “The Obama regime maintains the position that there is a system in place and that system should be allowed to operate normally–ignoring the fact that we may have a constitutional crisis at hand.”

    I would like to address this specific issue of this post.
    The system of checks and balances in this particular law has been subverted. The Presidency, Senate and House was being ruled by one party at this time, as such those institutions were compromised! This must go to the SCOTUS as soon as possible in the light of this compromised condition. These people have exempted many organizations as a result of the inattention to the details of the law by our legislators. This is a dangerous precedence and shows the hubris of the Democrat Party! The idea of, We Will Rule in your Best Interest, Like it or Not, is a testament to the need to gain control of a Government that has lost control.

    At the very least the individuals that make up the electorate should have the same opt out option that “connected” Organizations do. I also believe this option should be extended to Social Security. If you don’t want in you shouldn’t be obligated to do so.

    All the Government uses these taxation methods for is to keep other social programs running to ensure their re-election. This must stop!

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  7. Harrison's avatar
    March 25, 2011 2:25 am

    Delay, delay, delay. This is exactly their tactic. Hopefully it will not be allowed to happen. This is always the tactic of any supporter. In Wisconsin the labor law must be heard so it may be settled. Let’s hope the Supremes do the correct thing.

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    • Steve Dennis's avatar
      March 25, 2011 6:16 am

      It looks to be a 5-4 decision, but there is no telling which side is going to come out on top. Let’s hope for the best.

      Like

  8. rjjrdq's avatar
    March 25, 2011 4:13 am

    Those budget extensions didn’t help the cause. They helped fund some of this monster. It’s too bad the entire health care system of the United States will come down to the whims of nine people. With the varying decisions that have already come down regarding this ‘law,’ the Supreme Court can basically decide anything using any logic.

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    • Steve Dennis's avatar
      March 25, 2011 6:17 am

      Maybe it will de defunded before it makes it to the Supreme Court, but I wouldn’t count on it.

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  9. gil mendozza zuntzes's avatar
    gil mendozza zuntzes permalink
    March 25, 2011 6:00 am

    An Insert from GilLeaks: AN OPEN TRANSCRIPT of BARACK OBAMA… from a Citizen of New Hampshire to Barack Obama.
    From my ex-good friend trnscripts… Des Moines, Iowa November 10. 2007 Barack Obama’s Plan to ‘Secure America and Restore Our Standing’…. “When I am this party’s nominee, my opponent will not be able to say that I voted for the War in IRAQ; or that I gave George Bush the benefit of the doubt on IRAN; or that I supported Bush-Cheney policies of NOT… talking to Leaders that we don’t Like. And he will not be to say that I wavered on something as fundamental as whether or not it is OK for America to TORTURE because it is never OK!… I will END the War in IRAQ… I will close GUANTANAMO. Iwill restore habeas corpus. I will finish the fight against AL-QAEDA. And I will lead the World to Peace and to combat the common threats of the 21st century: nuclear weapons and terrorism; climate change and POVERTY; Genocide and Desease. And I will send once more a message to those yearning faces beyond our shores that says, “You matter to us Your future is our future. And our moment is now.”

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