Feb 01 2011
Obamacare On Life Support, American People Will Decide Its Fate
In a not so surprising decision yesterday the Obama administration and 111th Liberal Congress were handed their heads by a federal judge yesterday:
A second federal judge ruled on Monday that it was unconstitutional for Congress to enact a health care law that required Americans to obtain commercial insurance, evening the score at 2 to 2 in the lower courts as conflicting opinions begin their path to the Supreme Court.
But unlike a Virginia judge in December, Judge Roger Vinson of Federal District Court in Pensacola, Fla., concluded that the insurance requirement was so “inextricably bound” to other provisions of the Affordable Care Act that its unconstitutionality required the invalidation of the entire law.
…
The judge declined to immediately enjoin, or suspend, the law pending appeals, a process that could last two years. But he wrote that the federal government should adhere to his declaratory judgment as the functional equivalent of an injunction. That left confusion about how the ruling might be interpreted in the 26 states that are parties to the legal challenge.
I especially liked the comments on Fox’s Special Report last night (can’t recall if it was Kristol or Krauthammer – maybe both). This will not be decided by the courts alone. We will have two years of a holding pattern where the unfairness of corporate and union waivers will be exposed, the true cost of the legislation will be uncovered and the impacts on current health plans will be dissected. America will weigh in on this important and far reaching mess.
During this reality check period, the American people will continue to move away from government-based solution for health care, with all its strings and substandard care and requisite deficit busting costs.
The mood of the country has changed since the great recession hit in 2008. Everyone knows it was liberal government policies that pushed for unsound lending in the housing markets, which in turn caused the entire system to bubble up and then implode back in on itself. Fat cats walked away rich and everyone else lost their life savings.
With the newly cemented realization that liberal foolishness can actually destroy lives on a grand scale, America is far less willing to let government experiment on its civilian like so many guinea pigs. The mood of the country is to cut back government to its minimum. Limit its reach and ability to ‘eff things up. There is no support for expanding liberal madness. The decades of democrat expansion of government really is ending.
Which is why Obamacare will fall sooner or later. It may take 2012 elections to put enough people in place to remove it once and for all. But the liberal over-reach in the last Congress broke the back of America, and the end of big government really is over this time.
Or else elected officials will lose their jobs. As Congressman Jim Moran of VA recently noted, Americans don’t want to be governed. He actually whined that we did not want to be governed by a black man. Jim Moron (as I like to call him) apparently missed the fact that Barack Obama is still in office with rising approval ratings, and it was his very liberal party which was fired by the voters. What Moron missed is the reality America does not like to be governed by incompetent fools which make a mess of things. He never has been a very bright bulb, even in the dim light of congress.
Great news.
But imagine what the left will do in 2012 to try and replace the GOP with their own. Now they know that the only way to push for socialist health care is to have a strong majority in all three houses along with the court packing of SCOTUS judges.
Something to smile about in the news yesterday.
You’re right, of course, that in the long run the American People will now decide the fate of this ignoble experiment. In the short run, however, and in terms of this particular legal case, Anthony Kennedy is now King of Us All.
A quick refresher on the SCOTUS:
4 reliable conservative Justices:
Antonin Scalia
Clarence Thomas
John Roberts (Chief Justice)
Samuel Alito
4 guaranteed liberals:
Ruth Bader Ginsburg (Clinton appointee, ex general counsel for the ACLU)
Stephen Breyer (Clinton appointee)
Sonia Sotomayer (Obama appointee)
Elena Kagan (Obama appointee, new on the court)
And the swing vote is: Anthony Kennedy, who takes great pride in the fact that he’s scored as allying with the conservatives 50% of the time and voting with the liberals 50% of the time. Most legal writers portray him as a legal Hamlet, forever pondering “to be or not to be…. conservative or liberal?”
Kennedy is going to be the swing vote on this entire shootin’ match, and nobody is going to know how he’s going to decide until we get there. He probably doesn’t even know yet.
It’s fair to say that this diffident legal scholar is now, truly, the most powerful man in the US. He, with a few strokes of his pen, is going to decide the fates of us all.
Moran is my congressidiot, too. He is indeed a moron.
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I also wanted to point out that Judge Vinson concurred completely with an extremely important point I have been trying to make in comments on this blog and elsewhere ever since Obamacare was passed. And that is:
The insurance Mandate is NOT severable in any way from the rest of the bill. Not legally, and not practically. The bill was constructed so that if the Mandate falls, the ENTIRE bill has to fall with it! There is simply no question about this, and Judge Vinson has a masterful and full explanation of this in the text of his ruling, for any who care to read up on it.
This is why Obamacare can NOT be reformed – we can NOT simply take out a few pieces and try to reform it! Obamacare has GOT to be struck down in its entirety (which is what Judge Vinson has done) and then, to address the problems we do have in our current system, something completely different has got to be constructed in its place.
For any (especially those on the left) who thought that the Health Care debate was over – it hasn’t even started yet!!!!
Sooner or later this mutant will die. If the courts don’t kill it, the Republicans might repeal it. If neither of those happens, the coming entitlement crisis (which will be accelerated by this piece of crap) will batter it until it is unrecognizable. Whatever way it happens, ObamaCare is doomed.