In a stunning blow today Judge Roger Vinson cited the founding Fathers and struck down Obama’s health care law as being unconstitutional. You can read the entire text of Judge Vinson’s ruling here at the Ohio Free Press.
Early in his ruling he quoted the 10th amendment citing “The Framers believed that limiting federal power, and allowing the “residual” power to remain in the hands of the states (and of the people), would help “ensure protection of our fundamental liberties” and “reduce the risk of tyranny and abuse.”
In Judge Vinson’s remarks he said:
“In closing, I will simply observe, once again, that my conclusion in this case
is based on an application of the Commerce Clause law as it exists pursuant to the
Supreme Court’s current interpretation and definition. Only the Supreme Court (or a
Constitutional amendment) can expand that.
“In closing, I will simply observe, once again, that my conclusion in this caseis based on an application of the Commerce Clause law as it exists pursuant to theSupreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.”
In ruling against President Obama‘s health care law, federal Judge Roger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, when the then-Illinois senator argued there were other ways to achieve reform short of requiring every American to purchase insurance.
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that, ‘If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of his 78-page ruling Monday.
Holding true to their election promises, the new inducted Republican lead House of Representatives has brought forth a simple two page bill designed to repeal Obamacare.
Below is the text of their “simplified” bill. And it reminds me – weren’t we supposed to see all the Bills and have a 72 hour preview period under the “new and more open” government under Obama and the Democrat controlled Congress? At least the Republicans are off to a more reputable start than the previous Congressional class.
……………………………………………………………
112TH CONGRESS
1ST SESSION
H. R. __
To repeal the job-killing health care law and health care-related provisions
in the Health Care and Education Reconciliation Act of 2010.
IN THE HOUSE OF REPRESENTATIVES
Mr. CANTOR (for himself and [see ATTACHED LIST of cosponsors]) introduced
the following bill; which was referred to the Committee on
____________
A BILL
To repeal the job-killing health care law and health carerelated
provisions in the Health Care and Education
Reconciliation Act of 2010.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Repealing the Job-Killing Health Care Law Act’’.
SEC. 2. REPEAL OF THE JOB-KILLING HEALTH CARE LAWAND HEALTH CARE-RELATED PROVISIONS IN
THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.
(a) JOB-KILLING HEALTH CARE LAW.—Effective as of the enactment of Public Law 111–148, such Act is re7
pealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.
(b) HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.—Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted.
Now, realizing that this will probably have zero chance of passing in the Democratically controlled Senate, it might be a moot point. However, only a few would need to defect to make it a reality.
Might be time to call some Senators after this passes in the House next week.
U.S. District Judge Henry Hudson in Richmond, Virginia, today struck down an argument that everyone would need to purchase health care insurance. Judge Hudson stated the that health-care legislation goes beyond Congress’s powers to regulate interstate commerce.
“At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it’s about an individual’s right to choose to participate,” Judge Hudson wrote.
There are 20 states that have joined together to have the statute of Obamacare thrown out. More than likely, unless Congress changes the law, it will be left up to the Supreme Court as to whether or not Congress has the authority to regulate an activity that is not actually interstate commerce. Continue reading Oh no, O! Obamacare takes a hit
The Obama Administration has quietly granted even more waivers to one provision of the new federal health reform law, doubling the number in just the last three weeks to a new total of 222.
One of the more recognizable business names included on the newly-expanded list of waivers issued by the feds is that of Waffle House, which received a waiver on November 23 for health coverage that covers 3,947 enrollees.
Another familiar name was that of Universal Orlando, which runs a variety of very popular resorts in the Orlando, Florida area. Universal was given a waiver for plans that cover 668 workers.
These waivers deal with limited health benefit plans, sometimes referred to as “mini-med” policies, which companies as large as McDonald’s use for some its employees.
A bill that has been prefiled for the 2011 state legislativesession creates penalties of up to $5,000 in fines and up to five years in jail for anyone guilty of the “felony” of attempting “to enforce an act, order, law, statute, rule or regulation” of Obamacare, the president’s plan that effectively nationalizes the health-care decision making process.
At least, that is what the bill that “relates to federal health care legislation” says:
The federal Act:
(1) is invalid in this state;
(2) is not recognized by this state;
(3) is specifically rejected by this state; and
(4) is null and void and of no effect in this state.
It provides that “a person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the United States in violation of this chapter.”
It explains that the “assumption of power by the federal government in enacting the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) interferes with the right of the people of this state to regulate health care as they determine is appropriate, and makes a mockery of James Madison’s assurance in Federalist Paper Number 45 that the powers delegated to the federal government are ‘few and defined’ while those that remain in the state governments are ‘numerous and indefinite.’”
The first round of the legal fight over the Obama health care reform legislation to reach the Supreme Court goes to the Administration. But the victory is hardly a knockout as the justices, including Elena Kagan, didn’t rule on the merits of the controversial law.
Kagan’s apparent participation in reviewing the case suggests that she will continue to involve herself in other appeals that are likely to reach the high court. During her summer confirmation, Kagan denied that she had played a role in advising the Obama Administration on its health care efforts.
When asked if she would recuse herself from any health care related cases Kagan said she would consider them on a case-by-case basis, “carefully considering any arguments made for recusal and consulting with my colleagues and, if appropriate, with experts on judicial ethics.” Continue reading ObamaCare – Round One – Government Wins
John Boehner, in line for the Speaker of the House position since the Republicans won with devastating results November 2nd, said that Obamacare “will bankrupt our country” and repealing it is all about jobs.
In a Fox News interview, he said “if you look at all of the requirements [the bill places] on employers, you can understand why they’re not hiring new employees, because we’ve raised the cost of employment.”
That’s all a part of his promise to repeal Obamare, or the Patient Protection and Affordable Care Act as its legislative name is known.
It sounds as if the Republicans are charging forward on the wave of voter sentiments that swept them into office.
Now the real question remains.
Will they be true to their words, or are they just another set of bureaucrats that have told us what we want to hear to get elected?
I guess we will see come January.
If they don’t perform, there will be hell to pay once again. And next time I don’t think it will be just a Tea Party, but a full blown riot.
Harry Reid said on Wednesday that he wished ” the Republicans had worked with us when we did the healthcare bill”.
What is Harry smoking?
If memory serves correctly, the Democrats kept the Republicans completely out of the Health Care Bill crafting behind closed door sessions.
The Democrats bill-blocked the Republicans from participating. This was their gig.
Now Harry is trying to blame the Republicans?
He is definitely smoking something because his memory is too short to remember what he did just a couple of months ago by keeping Republicans out of the loop.
But, I guess that’s the way it rolls in Washington. When something looks like it is going the wrong way for you blame it on your “enemies”, er, I mean opponents.
Voters in Oklahoma have shouted “No” to the Obama administration’s signature legislation, Obamacare.
Sooners voted overwhelmingly, 65 percent to 35 percent for a ballot initiative amending the state constitution to declare mandates to purchase health insurance illegal.
The central, and most controversial, provision of the Affordable Health Care for America Act, better known as Obamacare, requires every American to purchase health insurance beginning in 2014 or pay a hefty penalty to the IRS.
Ballot initiatives upholding citizens’ freedom to make their own decisions about health care were also being considered in Arizona and Colorado, but the outcomes were not certain at the time of this report.
The ballot initiatives were the latest salvoes in the battle to block Obamacare on the state level.
Buckeye Firearms Association
National Precinct Activists
The Ohio Liberty Council
In a stunning blow today Judge Roger Vinson cited the founding Fathers and struck down Obama’s health care law as being unconstitutional. You can read the entire text of Judge Vinson’s ruling here at the Ohio Free Press.
by Jamie Dupree
Voters in Oklahoma have shouted “No” to the Obama administration’s signature legislation, Obamacare.
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