Right Thinking From The Left Coast
If everything seems under control, you're not going fast enough. - Mario Andretti

Monday, January 31, 2011

DOH! Well, not really.

Those of us that knew better expected this to happen.

(Reuters) - A federal judge in Florida struck down President Barack Obama’s landmark healthcare overhaul as unconstitutional on Monday in the biggest legal challenge yet to federal authority to enact the law. U.S. District Judge Roger Vinson ruled that the reform law’s so-called individual mandate went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.

“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he wrote, “This has been a difficult decision to reach and I am aware that it will have indeterminable implications.” Referring to a key provision in the Patient Protection and Affordable Care Act, Vinson sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring the Obama healthcare reform unconstitutional.

“Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution,” Vinson, who was appointed to the bench by Republican President Ronald Reagan, ruled.

Really? Congress must remain within the limits of what the Constitution tells it is allowed to do? How novel an idea! These democrats don’t care much for the constitution unless they can use it as an excuse to expand the power of government and take over 1/5th of the US economy is just too rich a bounty to let pass. Their response?

The Obama administration said it would appeal Vinson’s ruling and believed it would prevail on a highly politicized issue likely to end up at the Supreme Court. “We strongly disagree with the court’s ruling today and continue to believe—as other federal courts have found—that the Affordable Care Act is constitutional,” Justice Department spokeswoman Tracy Schmaler said.

That means they intend to force the judicial branch to ignore the constitution and wholesale invent another new “right” that you won’t find in the Constitution, and as usual it benefits the statists over the people, at the expense of their freedoms and all for a false security that will evaporate if these crooks ever get their way. And they are pulling out all the stops:

“This lawsuit is nothing more than an attempt by those who want to raise taxes on small businesses, increase prescription prices for seniors and allow insurance companies to once again deny sick children medical care,” said Senate Democratic leader Harry Reid.

“Healthcare reform is the law of the land and, now that Americans see its benefits, a majority of them oppose Republicans’ dangerous plans to repeal a law that put patients in control of their own healthcare,” he said.

The CHILRUN! If you don’t want government to control healthcare you hate children, the poor, seniors, puppy dogs, and are a shill for insurance companies. The same companies that the left helped create this fooked system where our costs are out of control in BTW. No Harry, this lawsuit was an attempt to stop government from owning us as if we were its serfs. And the only Americans that like this plan seem to be the ones that don’t have to be covered by it or the usual group that thinks they are entitled to everything at other people’s expense. Pfeh to both of them. The usual suspects in the MSM won’t tell yout judge is right BTW, but he is.

UPDATE: This is just to good to be true. Hope it was entered into the record. I expect a “What’s the memaning of these words” lawyerese defense like the whole Clinton “What’s the meaning of IS” moment. The beast can only live if they force us all to purchase insurance. Without that power, they are doomed.

UPDATE 2: Not surprised at all. In fact I suspected these morons would end up acting like total tools once the law bitchslapped this thing silly:

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 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.

Emphasis mine. Obama’s team defended this idiotic mandate to force people to buy insurance on the ground that it was integral and not to be separated from the rest. Now the libs are claiming the judge is CRAZY! for keeping them to their word in his opinion that the entire law is thus bad. Can’t have it both ways libs. If you had not been playing asshat, you would have known this shit wasn’t going to fly. I guess now they will have to rely on a Rham Emmanuel maneuver where some corrupt court gives them a chance. Me, I bet this gets three strikes all the way up to the SCOTUS unless we have some activist judge inventing shit as the left always does.

UPDATE 3: More bad news for the left after this ruling. It seems the NYT and the WaPo are trying hard to pretend this isn’t so, but they are basically pulling shit out of their arse according to the facts as they exist.

Posted by AlexinCT on 01/31/11 at 04:33 PM in Deep Thoughts   Elections   Election 2010   Health Care   Left Wing Idiocy   Politics   Law, & Economics   The Press Machine  • (0) TrackbacksPermalink
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