Category Archives: Healthcare bill

US Supreme Court declares Obama a liar, Obamacare is a tax, Obama lied about tax increases, Obama fraud and taxes have devastated economy and job market

US Supreme Court declares Obama a liar, Obamacare is a tax, Obama lied about tax increases, Obama fraud and taxes have devastated economy and job market

“But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.”…2001 Obama interview on Chicago public radio .

“I absolutely reject that notion [mandate is a tax].”…Barack Obama

“And if all others accepted the lie which the Party imposed
–if all records told the same tale–then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future: who controls the present
controls the past.”…George Orwell, “1984″

All you need to know about Obama to understand what makes him tick is the following. Obama is a :

Narcissist.

Socialist.

Liar.

When Obama first began trying to force his socialist healthcare agenda upon us, it was clear that he was imposing another tax.

From The Blaze June 28, 2012.

http://www.theblaze.com/stories/flashback-video-absolutely-reject-that-notion-obama-hhs-sec-budget-director-all-say-mandate-not-a-tax/

The US Supreme Court today, June 28, 2012, in their ruling today effectively called Obama a liar.

From Rush Limbaugh June 28, 2012.

“RUSH: Hey, folks, have you seen the economic news today? Have you heard about the unemployment numbers today? (laughing) Gross domestic product, have you heard about any of that? Because I have it here, and it sucks. It’s a disaster. The economy of this country remains a disaster. And we, the American people, have just been deceived in ways that nobody contemplated. And what we now have is the biggest tax increase in the history of the world. What we have been told by the chief justice of the Supreme Court and four liberals on the court: Obamacare is just a massive tax increase. That’s all it is. Obama lied to us about that. The Democrats lied. “It wasn’t a tax. There was no way it was a tax.”

The chief justice was hell-bent to find a way to make this law applicable, so he just decided, you know what, as a tax increase, it works, because there’s no limit on the federal government’s ability to tax. And it’s right there in the preamble of the Constitution, right there, Article 1, Section 8, the general welfare clause, it’s been established Congress can tax whatever, whoever, whenever, how much they want. Even when they don’t ask for it, the Supreme Court is gonna find a way to make what they want to do legal because John Roberts said it’s not our job here to forbid this. It’s not our job to protect people from outcomes. It’s not our job to determine whether it is right or wrong or any of that. We just get to look at it. We can’t forbid this. This is what the elected representatives of the people want.

No, the elected representatives of the people were deceived. Remember yesterday I asked you, if this decision went this way, what was your initial reaction going to be. And how many of you were deflated as you can be because of the way this was reported? The first thing that came down, the mandate, unconstitutional, that was the first thing everybody reported. Mandate unconstitutional, big sigh of relief. And then within moments, wait a minute, wait a minute, we’re reading further. Hold it just a second. The mandate’s unconstitutional, but the court has decided it’s a tax, and therefore it’s okay.

So Obamacare is nothing more than the largest tax increase in the history of the world. And the people who were characterizing it as such were right and were telling the truth. We have the biggest tax increase in the history of the world right in the middle of one of this country’s worst recessions. In fact, as the vice president said yesterday, a depression for millions of Americans. The chief justice of the United States Supreme Court, John Roberts, said, “It is not our job to protect the people from the consequences of their political choices.” Not our job.

Well, what about when we are deceived? The court upheld a law that was not what we were told it would be. What has been upheld here is fraud, and the Internal Revenue Service has just become Barack Obama’s domestic army. That is what we face now. We were deceived. Obamacare was a lie. It was a stealth tax on all Americans, and nobody knew it until today. Not officially. Obama told George Stephanopoulos it wasn’t a tax. And Stephanopoulos was trouble-making for trying to suggest otherwise.

Let’s go to the audio sound bites. September 20th, 2009, on This Week with George Stephanopoulos, interviewing President Obama, discussion about the health care reform bill, Stephanopoulos said, “Under this mandate, the government is forcing people to spend money and fining them if they don’t. How is that not a tax increase?”

OBAMA: No, tha-tha-that’s not true, George. Eh, for us to say that you’ve gotta take a responsibility to get health insurance is absolutely not a tax increase. What it’s saying is is that we’re not gonna have other people carrying your burdens for you, any more than the fact that right now everybody in America, just about, has to get auto insurance. Nobody considers that a tax increase. People say to themselves, “That is a fair way to make sure that if you hit my car, that I’m not covering all the costs.”

RUSH: Stephanopoulos then said, “Well, it may be fair, and it may be good public policy, but for you to say that this isn’t a tax. This just…”

OBAMA: No, no. B-b-but George y-y-y-you can’t just make up that language and decide that that’s called a tax increase.

STEPHANOPOULOS: I don’t think I’m making it up. Merriam-Webster Dictionary: “Tax: A charge, usually of money, imposed by authority —

OBAMA: (snickering)

STEPHANOPOULOS: — on persons or property for public purposes.”

OBAMA: George, the fact that you looked up Miriam’s dictionary (sic), the definition of tax increase indicates to me that you’re stretching a little bit right now. Otherwise you wouldn’ta gone to the dictionary to check on the definition! I mean —

STEPHANOPOULOS: Well, no.

OBAMA: If — if what you’re saying is —

STEPHANOPOULOS: I wanted to check for myself, but your critics say it is a tax increase.

OBAMA: My critics say everything’s a tax increase! My critics say that I’m taking over, uhh, every sector of the economy. You know that! Uh, eh, eh… Look, we can have a legitimate debate about whether or not we’re gonna have an individual mandate or not but —

STEPHANOPOULOS: But you reject that it’s a tax increase?

OBAMA: I absolutely reject that notion.”

Read more:

http://www.rushlimbaugh.com/daily/2012/06/28/the_court_rules_obamacare_is_the_largest_tax_increase_in_the_history_of_the_world

Some are fretting about this decision and the role Chief Justice Roberts played. I am not. Obama, et al have shot themselves in the foot and it is a near certainty that Obamacare will be repealed.

It is Obama’s tax and spend policies that have destroyed the economy and job market.

Now we have the US Supreme Court calling Obamacare what it is.

A big tax increase.

Thanks to commenter Starla, et al.

Obama lies work on UNC students?, UNC student health care increase, Tuition increase, High unemployment, Obama uses Orwellian language to sway students, Occupy White House?

Obama lies work on UNC students?, UNC student health care increase, Tuition increase, High unemployment, Obama uses Orwellian language to sway students, Occupy White House?

“What do you think a stimulus is? It’s spending – that’s the whole point! Seriously.”…Barack Obama

“…and Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people’s money. It’s quite a characteristic of them.”…Margaret Thatcher

“Guilford (Large NC County) appears on it’s way to a third consecutive year with annual jobless rates in double digits. Economists say that likely hasn’t happened since the Great Depression.”…Greensboro News Record December 2, 2011

God works in mysterious ways.

Obama and the Democrats will have their convention in Charlotte, NC.

Obama spoke recently at UNC, The University of NC, and presented more of his Orwellian lies about education costs and helping students.

Obama and the Democrats have a problem in NC.

UNC system schools recently announced tuition increases.

The unemployment rate in NC is among the highest in the nation. Those about to  graduate face bleak prospects.

And despite Obama’s lies about Obama Care reducing the cost of health care, UNC students just found out that their health care insurance is increasing significantly.

From the Charlotte Observer May 1, 2012.

“UNC system health insurance costs to rise for students

Students in the system’s plan may pay $500 to $700 more”

“The UNC system began requiring students to be covered by health insurance in the fall of 2010. Students must either prove that they have their own insurance or buy a plan offered by the UNC system. Before that, 11 campuses required insurance; rates and coverage varied significantly among the schools.

On top of rising tuition and fees, those UNC system students who buy the university-sponsored health insurance plan will face steep premium increases in the next academic year.

The cost of health insurance will climb from a range of $61 to $77 monthly to a range of $118 to $133 monthly, according to a memo sent from UNC President Tom Ross to the UNC Board of Governors. On an annual basis, most students will pay about $500 to $700 more in 2012-13, depending on the campus.

The percentage increases aren’t yet known for all campuses, because some have not chosen the level of coverage they will offer, said Bruce Mallette, UNC vice president for academic and student affairs. The annual student cost will climb 66 percent at N.C. Central University and 60 percent at UNC-Chapel Hill; the cost at N.C. State has not been finalized, Mallette said.

Notification of the rate increases will go out this week, just as students finish exams and leave campus for the summer. The news will sting.

“A lot of students are going to be very surprised by this and at a loss for what to do, especially on such short notice for the next semester,” said Kate Davis Jones, a UNC-CH junior from Raleigh who is still on her parents’ insurance. “I think it’s going to cause a lot of students to be boxed out of their education if they’re not able to afford the mandated health insurance.”

Jones said plenty of her classmates will feel blindsided, months after the UNC board set tuition and fee rates for next year, with average price increases of 8.8 percent for in-state undergraduates across the UNC system. The tuition and fee hikes are 8.5 percent at NCCU, 9.8 percent at NCSU and 9.9 percent at UNC-CH for the coming academic year.

Claims drive up costs

Mallette said the insurance increases are due to the health care usage of UNC system students during the past couple of years, plus federal regulations on preventive care and pharmacy services issued in March. The process is complicated, he said, by the new provisions of the Affordable Care Act.”

http://www.charlotteobserver.com/2012/05/01/3210536/unc-health-insurance-costs-to.html

Oh, and their beloved Apple Computer Company has just been outed for avoiding paying taxes.

Not a good year for UNC students, NC and the country.

There should be a Occupy White House movement.

CBO real Truth Team, Unemployment rate 15 percent, Obama deficits, 1.2 trillion 2012, Obamacare costs rise and causes millions to lose employer insurance

CBO real Truth Team, Unemployment rate 15 percent, Obama deficits, 1.2 trillion 2012, Obamacare costs rise and causes millions to lose employer insurance

“And so our goal on health care is, if we can get, instead of health care costs going up 6 percent a year, it’s going up at the level of inflation, maybe just slightly above inflation, we’ve made huge progress. And by the way, that is the single most important thing we could do in terms of reducing our deficit. That’s why we did it.”…Barack Obama

“The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. America has a debt problem and a failure of leadership. Americans deserve better. I, therefore, intend to oppose the effort to increase America’s debt.”…Barack Obama

“the Times of the nineteenth of December had published the official forecasts of the output of various classes of consumption goods in the fourth quarter of
1983, which was also the sixth quarter of the Ninth Three-Year Plan. Today’s issue contained a statement of the actual output, from which it appeared that
the forecasts were in every instance grossly wrong. Winston’s job was to rectify the original figures by making them agree with the later ones.”…George
Orwell, “1984”

Real unemployment rate 15 percent.

From the CBO February 2012.

“The rate of unemployment in the United States has
exceeded 8 percent since February 2009, making the past
three years the longest stretch of high unemployment in
this country since the Great Depression. Moreover, the
Congressional Budget Office (CBO) projects that the
unemployment rate will remain above 8 percent until
2014. The official unemployment rate excludes those
individuals who would like to work but have not searched
for a job in the past four weeks as well as those who are
working part-time but would prefer full-time work; if
those people were counted among the unemployed, the
unemployment rate in January 2012 would have been
about 15 percent. Compounding the problem of high
unemployment, the share of unemployed people looking
for work for more than six months—referred to as the
long-term unemployed—topped 40 percent in December
2009 for the first time since 1948, when such data began
to be collected; it has remained above that level ever
since.”

http://www.cbo.gov/sites/default/files/cbofiles/attachments/02-16-Unemployment.pdf
Obama budget deficits

From the CBO March 2012.

“This report by the Congressional Budget Office (CBO) presents an analysis of the proposals contained in the President’s budget request for fiscal year 2013. The analysis is based on CBO’s economic projections and estimating techniques (rather than the Administration’s) and incorporates estimates by the staff of the Joint Committee on Taxation for the President’s tax proposals.1

In conjunction with analyzing the President’s budget, CBO has updated its baseline budget projections, which were previously issued in January 2012. Unlike its estimates of the President’s budget, CBO’s baseline projections largely reflect the assumption that current tax and spending laws will remain unchanged, so as to provide a benchmark against which potential legislation can be measured. Under that assumption, CBO estimates that the deficit would total $1.2 trillion in 2012 and that cumulative deficits over the 2013–2022 period would amount to $2.9 trillion.”

http://www.cbo.gov/publication/43083

Obamacare cost

From the Amrican Enterprise Institute March 15, 2012.

“CBO: Obamacare could cost $2.1 trillion through 2022”

“According to a new government report, it turns out that more people than first expected will end up getting healthcare through the subsidized insurance exchanges and Medicaid rather than through their employers:

In the original analysis of the impact of the legislation, CBO and JCT estimated that, on balance, the number of people obtaining coverage through their employer would be about 3 million lower in 2019 under the legislation than under prior law. As reflected in CBO’s latest baseline projections, the two agencies now anticipate that, because of the ACA, about 3 million to 5 million fewer people, on net, will obtain coverage through their employer each year from 2019 through 2022 than would have been the case under prior law.

The results acknowledge that if a business chooses not to offer insurance coverage under the ACA, some workers might enroll in Medicaid or CHIP or be eligible to receive subsidies through the insurance exchanges. And as a result, the cost of those programs would increase.

Right now, the updated baseline CBO forecast sees the gross cost of Obamacare through 2022 as $1.8 trillion, a number which includes this new estimate of employee coverage. When you include new taxes, the net cost is $1.3 trillion. (Back in 2010, the ten-year, gross cost was a mere $940 billion, as the bill was structured to back end spending. But now instead of six years of spending estimates, we have nine.)

But under one CBO-JCT scenario, the gross costs through 2022 could be $2.1 trillion if even more businesses than expected decide not to offer health insurance and more people need government subsidized coverage.

But no worry, say the government bean counters, $386 billion in addition taxes (for a total of $895 billion) will cover the difference. First, there would be higher penalty payments by employers and individuals. Second, since health benefits are generally not taxed but wages and salaries are, a shift in the mix of compensation would raise federal revenues.”

http://blog.american.com/2012/03/cbo-obamcare-could-cost-2-1-trillion-through-2022/

Obamacare causes millions to lose employer coverage.

From human Events March 16, 2012.

“The latest revelation, reported at The Hill, is that ObamaCare could cause up to 20 million Americans to lose their health care coverage. There is a “tremendous amount of uncertainty” in the forecast, which is just what our fragile Obamanized economy needs right now, but 20 million is the CBO’s worst-case estimate. Maybe it will only be 3 to 5 million people.

The CBO is actually being very, very conservative in its damage estimates, as industry groups think ObamaCare will nuke closer to 50 million employer-provided policies over the next decade. Amusingly, the CBO points to RomneyCare in Massachusetts as “one piece of evidence that may be relevant” to its projections, as “employment-based health insurance appears to have increased since that state’s reforms.” It will be super awesome to hear Romney debate this with Obama.

ObamaCare kills health insurance by dumping so many mandates on employers that it becomes attractive for them to escape by dropping insurance coverage altogether. Even the CBO’s worst-case projections are underestimating the effect this will have on health insurance, in years to come. What do you think will happen to insurance companies that swiftly lose millions of customers to the “public exchanges?” What will happen to the prices they charge to their diminished customer base… and how will that, in turn, influence other businesses trying to decide whether dropping coverage makes sense?

It is nevertheless significant that the Congressional Budget Office, with its typical static-analysis caution, is predicting that ObamaCare might create a number of uninsured that dwarfs the uninsured population it was ostensibly created to help. If Obama’s true agenda is to destroy private health insurance and clear the way for a socialized medicine takeover, everything is proceeding according to plan.”

http://www.humanevents.com/article.php?id=50264

 

Belmont Abbey sues feds over Obama care provision, Birth control, Federal mandate forces religious institutions opposed to birth control to violate their beliefs or face penalties

Belmont Abbey sues feds over Obama care provision, Birth control, Federal mandate forces religious institutions opposed to birth control to violate their beliefs or face penalties

Belmont Abbey, a Catholic college just west of Charlotte, NC is challenging ObamaCare over a provision that requires employer insurance plans to cover contraception and other birth control.

From the Charlotte Observer November 18, 2011.

“Belmont Abbey sues feds over birth control rule”

“Belmont Abbey College has filed a broad legal challenge to the part of President Barack Obama’s health care reforms that requires employer insurance plans to cover contraception and other birth control.

The Catholic college in Gaston County says the federal mandate forces religious institutions opposed to birth control to violate their beliefs or face penalties. The rule goes into effect next August.

The school has sued a number of federal agencies. The defendants include Health and Human Services Secretary Kathleen Sebelius and Treasury Secretary Timothy Geithner.

Keith Maley, an HHS spokesman, said the agency doesn’t comment on pending litigation.

The suit was filed in U.S. District Court in Washington, D.C., by the Becket Fund for Religious Liberty, a nonprofit, public-interest law firm.

The debate began in 2007, when a group of Belmont Abbey faculty members challenged the school’s refusal to include prescription contraceptives in its health care plan.

In 2009, the Equal Employment Opportunity Commission ruled that Belmont Abbey was violating federal law.

The school’s recent suit focuses on Obama’s 2010 Patient Protection and Affordable Care Act, which requires preventative health coverage on procedures like mammograms and cervical screenings, along with contraception and sterilizations.

A religious organization can be exempted if its spiritual values are central to its mission and if it primarily employs or serves “people who share its religious tenets.””

Read more:

http://www.charlotteobserver.com/2011/11/18/2784162/belmont-abbey-sues-feds-over-birth.html

One of my uncles attended Belmont Abbey College on a baseball scholarship many years ago. I went to a performance there several years ago. It is a beautiful small school.

Go get em Belmont Abbey. If I can be of assistance, let me know.

Wells

Belmont Abbey website.

http://www.bac.edu/

Federal appeals court, Virginia no standing on Health Care lawsuit, Virginia Attorney General Ken Cuccinelli no right to sue

Federal appeals court, Virginia no standing on Health Care lawsuit, Virginia Attorney General Ken Cuccinelli no right to sue

From The Hill on September 8, 2011.

“Appeals court shoots down Va. challenge to healthcare law”

“Appeals court shoots down Va. challenge to healthcare law”
By Sam Baker – 09/08/11 12:11 PM ET
 
“A federal appeals court Thursday dismissed one of the highest-profile challenges to President Obama’s healthcare reform law.

The 4th Circuit Court of Appeals said Virginia Attorney General Ken Cuccinelli (R) does not have a legal right to sue over the law’s requirement that most people buy insurance. The court vacated a lower court’s ruling in the case and instructed the lower court to dismiss the suit.

The Supreme Court is almost certain to have the final say on whether the coverage mandate is constitutional. Most legal observers expect the court to hear arguments during the term that begins in October and rule in the summer of 2012.

The 4th Circuit’s long-awaited decision isn’t a huge surprise: People who attended oral arguments in the suits said the judges seemed skeptical of the mandate’s critics, especially Cuccinelli. All three of the judges who heard the case were appointed by Democratic presidents, and two were appointed by Obama.

The mandate has a mixed record in federal appeals courts. The 6th Circuit upheld the requirement in a June decision. The 11th Circuit — which heard the high-profile challenge filed by 26 state attorneys general — ruled that the mandate is unconstitutional.

Unlike those 26 states, Cuccinelli sued on the grounds that enforcing the mandate would violate Virginia law. As Congress moved closer to passing healthcare reform, Virginia enacted a law that says state residents can’t be forced to purchase insurance.

But the 4th Circuit panel said Virginia does not have standing to sue over the mandate because it lacks a “personal stake” in the issue.

The judges seemed concerned during oral arguments that allowing his suit to proceed would essentially allow the states to exempt themselves from whatever federal laws they might choose.”

http://thehill.com/blogs/healthwatch/legal-challenges/180231-appeals-court-dismisses-key-challenge-to-healthcare-law

Governor perdue veto, Override veto of Health Care Freedom Act, ObamaCare unconstitutional

Governor perdue veto, Override veto of Health Care Freedom Act, ObamaCare unconstitutional

Governor Beverly Perdue recently vetoed legislation to exclude NC from Obamacare. She claimed that it would be too expensive to fight and many other states were already doing so. It is my understanding that the NC Attorney General’s office has stated that the expense would not be great.

From the Beaufort Observer March 6, 2011.

“A year into ObamaCare and by any measure an honest person would have to say it has been a failure. And even if the Democrats were to contest that use of terms, they would nonetheless be hard pressed to show the numbers that would indicate anything but a failure to accomplish the goals that were outlined for it by the President in the 97 speeches he made in trying to get it passed.

You can read the numbers here but a quick overview shows that while Obama claimed the basic goal was to eliminate people without health insurance the numbers show that the percentage of Americans without health insurance has climbed, not declined. And on the objective of “making health care more affordable” the numbers show that that number of Americans who have employer-paid health insurance benefits has decreased. And the affordability factor for the taxpayer has also decreased as a larger percentage of Americans are now on government-paid insurance (Medicare, Medicaid etc.).

Moreover, Health and Human Services Secretary Kathleen Sebelius testified before Congress last week and admitted that the $500 million “savings” for Medicare that Team Obama touted in getting the bill passed has not, and likely will never, materialize. And this was the reason North Carolina Sen. Kay Hagan gave for voting for ObamaCare.

Meanwhile, we read in the news frequently about Team Obama exempting another of thousands of businesses from the law’s mandates and as recently as last week President Obama told a group of governors assembled in Washington that he would be willing to allow states to opt-out of some of the most costly provisions of the law.

Nonetheless, North Carolina’s Governor, Bev. Perdue Saturday (3-5-11) vetoed the Republican legislative plan to exclude North Carolina from the law and to contest its constitutionality before the U. S. Supreme Court.

So in summary, the law’s impact has had exactly the opposite effect from what Obama claimed it would have. The ‘bottom line’ is that more Americans have less access to health care and it is more expense than before ObamaCare was passed. And our Governor and Attorney General choose to stick with it.”

Read more:

http://www.beaufortobserver.net/Articles-c-2011-03-06-251309.112112-Perdue-hangs-a-millstone-around-her-neckbrObamaCare-is-a-proven-failure-but-she-chooses-to-impose-it-on-North-Carolina.html

From Americans for Prosperity March 7, 2011.

Dear Supporter,

Former Charlotte Mayor Pat McCrory will be urging voters to contact their member of the General Assembly this week as part our effort to override Governor Perdue’s reckless veto of the Health Care Freedom Act. Click here to watch a special message from Pat McCrory.
http://americansforprosperity.org/030711-pat-mccrory-afpnc-health-care

It is clear that the citizens of North Carolina want to be protected from President Obama’s overreach. If you haven’t yet, take action on this critical issue! Click here to send a message to your legislators urging them to override Gov. Perdue’s veto.

http://www.capwiz.com/americansforprosperity/issues/alert/?alertid=24915561&type=ST
 
Pat couldn’t have said it better himself: “A majority of states have challenged the worst parts of ObamaCare, and two federal judges have agreed that the bill is unconstitutional. The NC General Assembly overwhelmingly passed a bill to protect North Carolinians from a federal government mandate to buy health insurance and other unconstitutional parts of ObamaCare.

However, after a trip to Washington and meetings with big government liberals including President Obama, Governor Perdue vetoed this common sense legislation.  I urge citizens to contact their members of the General Assembly and ask them to override the Governor’s veto.”
It is clear Governor Perdue is standing with Obama over the interests of North Carolina citizens. With your help and the help of leaders such as Mayor McCrory, we can not only support this important piece of legislation, we can be influential factors in its passage.

Remember, while Governor Perdue has exercised a veto of this legislation, she can not veto the will of the people to be protected from Obamacare. If you’d like to contact your lawmaker and ask them to protect your health care freedom, click here.
Thank you for your continued support and activism to protect economic freedom and prosperity across North Carolina. Together, we can make a difference.

Sincerely,
Dallas Woodhouse
State Director
Americans for Prosperity – North Carolina

FL judge, Health Care Bill Unconstitutional, Judge Roger Vinson, Requires Americans to obtain commercial insurance

FL judge, Health Care Bill Unconstitutional,  Judge Roger Vinson, Requires Americans to obtain commercial insurance

From the New York Times January 31, 2011.

“Like a Virginia judge in December, Judge Roger Vinson of Federal District Court in Pensacola, Fla., said he would allow the law to remain in effect while the Obama administration appeals his ruling, a process that could take two years. But unlike his Virginia counterpart, Judge Vinson ruled that the entire health care act should fall if the appellate courts join him in invalidating the insurance requirement.

“The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Vinson wrote.

In a 78-page opinion, Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Judge Vinson wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.

“If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain,” Judge Vinson wrote.

In a silver lining for the Obama administration, the judge rejected a second claim that the new law violates state sovereignty by requiring states to pay for a fractional share of a Medicaid expansion that is scheduled for 2014.

Judge Vinson, the first judge to address that question, dismissed the contention that states were being illegally commandeered by the federal government. He said they always have the option, however impractical, to withdraw from Medicaid, a joint state and federal insurance program for those with low-incomes.

The judge’s ruling came in the most prominent of more than 20 legal challenges to some aspect of the sweeping health law, which was enacted last year by a Democratic Congress and signed by President Obama in March.

The plaintiffs include governors and attorneys general from 26 states, all but one Republican, as well as the National Federation of Independent Business, which represents small companies. Officials from six states joined the lawsuit this month after shifts in party control brought by last November’s elections.

The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats.

Last month, Judge Henry E. Hudson of Federal District Court in Richmond, Va., who was appointed by President George W. Bush, became the first to invalidate the insurance mandate. Two other federal judges named by President Bill Clinton, a Democrat, have upheld the law.”

Read more:

http://www.nytimes.com/2011/02/01/us/01ruling.html

Purpura et al. v. Sebelius et al, Standing v US Constitution, First amendment rights, Legalese cited to perpetuate legalese

Purpura et al. v. Sebelius et al, Standing v US Constitution, First amendment rights, Legalese cited to perpetuate legalese

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”…First Amendment US Constitution

From  Birther Report January 17, 2011.

“Government files their motion to dismiss in Purpura et al. v. Sebelius et al.. The lawsuit was filed in the United States District Court for the District of New Jersey by Nicholas Purpura and Donald Laster of the Jersey Shore Tea Party Patriots and the New Jersey Tea Party Coalition. Other plaintiffs in the lawsuit include the Colts Neck Tea Party, Jersey Shore Tea Party Patriots, Jackson Tea Party Patriots, Bayshore Tea Party Group and Ocean County Citizens for Freedom. The lawsuit alleges the healthcare bill is unconstitutional on 15 separate counts including Obama’s ineligibility. Full brief embedded below. More background on the case can be found here. The lead plaintiffs discuss their lawsuit here, the video is also embedded at bottom of this post.

The government argues the plaintiffs lack standing and the court does not have jurisdiction…”

Read more:

http://obamareleaseyourrecords.blogspot.com/2011/01/government-files-motion-to-dismiss-in.html

Notice from the Table of Authorities:

“Kerchner v. Obama,
612 F.3d 204 (3d Cir. 2010)”
“Lightfoot v. United States,
564 F.3d 625 (3d Cir. 2009)”

They are attempting to use legalese, “standing”, applied in earlier cases to substantiate further legalese and thus attempt to trump the First Amendment and effectively block attempts to redress government for grievances by petition.

End justifies the means, Elitist liberals know more than average Americans, Citizen Wells open thread, December 5, 2010

End justifies the means, Elitist liberals know more than average Americans

I do not pretend to be an expert on some subjects but I can ask questions. This morning, before my mind got preoccupied with details, I pondered a question. That is, since 2009, with Obama in the White House and Democrats controlling Congress, and their forcing an unpopular tax and control bill, aka, health care bill down the throats of the American people, and promising that unemployment would not rise above 8 percent with their initiative strategies, what happened to the health care of all of those people who lost jobs in that period?

The stated, reported unemployment rate, was just announced to be 9.8 percent. We all know that the real figure is much higher. That represents many millions of Americans who lost their jobs. Did they retain health care? If their only option was Cobra, it is very expensive.

I have friends and acquaintances of all ages and political persuasions. Some of them are otherwise intelligent, but tend to associate with the university or arts crowd who are for the most part extremely liberal, extremely brainwashed and in some cases have a entitlement mentality. Most are oblivious to the real Obama and, whether they are aware or not, believe that the end justifies the means. They have touted the health care bill without considering the way it was passed, the impact on the economy and ultimately the impact on our health care system.

So, once again I am curious, those of you who lost your jobs, in part to the end justifies the means mentality of the left and Obama wanting to add a narcissistic feather to his cap, has your health care improved?

Republicans vow to cut spending repeal health care bill, John Boehner, New Speaker of the House, Citizen Wells open thread, November 5, 2010

Republicans vow to cut spending repeal health care bill, John Boehner, New Speaker of the House

From the Chicago Tribune November 5, 2010.

“Victorious at the polls, congressional Republicans asserted their newfound political strength on Thursday, vowing to seek a quick $100 billion in federal spending cuts and force repeated votes on the repeal of President Barack Obama’s prized health care overhaul.

At the White Houses, Obama said his administration was ready to work across party lines in a fresh attempt to “focus on the economy and jobs” as well as attack waste in government. In a show of bipartisanship, he invited top lawmakers to the White House at mid-month, and the nation’s newly elected governors two weeks later.

Rep. John Boehner, R-Ohio, in line to become the new speaker of the House, brushed aside talk that the No. 1 GOP goal was to make sure Obama is defeated at the polls in 2012. “That’s Senator McConnell’s statement and his opinion,” he told ABC, referring to the party’s leader in the Senate and adding that his own goals included cutting spending and creating jobs.”

“Many House Republicans campaigned on a platform of cutting government spending to levels in effect in 2008, before enactment of an economic stimulus bill and other increases that Democrats passed. Rep. Jerry Lewis of California, the senior Republican on the House Appropriations Committee, notified Democrats during the day that GOP lawmakers will try and implement the cuts when Congress considers the spending bill needed to keep most agencies running for the next eight months. The estimated savings total $100 billion.

“The unmistakable message sent by the American people on Tuesday is that they are justifiably angry at Washington. They want Congress to cut spending,” wrote Lewis, who faces an internal challenge in his attempt to become chairman of the panel next year.

At a news conference on Wednesday, the president signaled he was ready to jettison his campaign-long insistence that tax cuts be extended for earners at incomes up to $250,000 but be allowed to expire for higher-income people.”

Read more:

http://www.chicagotribune.com/news/politics/sns-ap-us-washington-new-reality,0,4954825.story