Ann Coulter

Health-Care Mandated Penalties via Commerce Clause Unconstitutional (Classic Ann Coulter Commentary)

Published by Papa Giorgio

“Obviously, I find the two that hold it unconstitutional more compelling, but I mean for logical reasons, Which is to say the interstate commerce clause – there’s no point in having even any limits on Congress’ authority if they can force citizens, all citizens to buy a product,…. By the way, if this is constitutional, then Republicans should turn around and mandate all citizens be forced to purchase a gun and a Bible. And, there’s a lot more evidence that owning a gun and a Bible is better for society than everyone having to own health insurance. But, if that’s what Congress has the right to do, we can have all kinds of mandates. The interstate commerce clause says Congress can regulate either something that affects interstate commerce or the instrumentalities of interstate commerce. I think the judge, Judge Vinson makes a good case as apparently the plaintiffs did that simply not buying insurance is not an activity.” ~ Classic Coulter! (video at bottom)


Scared Monkeys has this:

OBAMACARE DELT CRUSHING BLOW….

As speculated earlier today, a second judge has ruled Obamacare unconstitutional. Federal Judge Roger Vinson ruled today that President Barack Hussein Obama’s health care law is unconstitutional. To add insult to “health care” injury, the federal judge used Obama’s past words against him.

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.

Judge Vinson, a federal judge in the northern district of Florida, struck down the entire health care law as unconstitutional on Monday, though he is allowing the Obama administration to continue to implement and enforce it while the government appeals his ruling.Hey Barack, words do have consequences don’t they and you do not get to have it both ways. Actually, as stated by Weasel Zippers, some one just got their butt handed to them. During the Democrat primary, Hillary Clinton’s insurance plan required that purchase insurance, Obama’s did not. Since the passage of Obamacare, the president has been singing a different tune and defending the government forcing Americans to purchase a product and claiming regulation authority for inactivity. However,

During the presidential campaign, one key difference between Mr. Obama and his chief opponent, then-Sen. Hillary Rodham Clinton, was that Mrs. Clinton‘s plan required all Americans to purchase insurance and Mr. Obama‘s did not.

Congress eventually included the individual mandate in the bill it passed, and Mr. Obama signed that into law in March. Since then, he and his administration have defended its constitutionality, arguing the mandate is the linchpin that brings in more customers to insurance companies, which in turn allows those companies to expand the availability and lower the cost of coverage.

However, Judge Vinson did not just strike down the federal mandate, he struck down the entire health care law, Obama’s crown jewel, as unconstitutional.  Judge Vinson concluded that the federal mandate insurance requirement was so “inextricably bound”to other provisions of Obamacare that its unconstitutionality required the invalidation of the entire law. OUCH! What is the LEFT to do, as they are all whine and no legal argument?

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

(“Like” Scared Monkeys on Face Book.) Here is the ruling that Scared Monkeys linked to:

Vinson Ruling

This ruling may be used almost as is to go to the Supreme Court. It is also a study in original intent as it references many cases from and including the debate on this clause in the Federalist Papers. As such, Constitutional law professors are scrambling to incorporate this in some manner into their class routines. Greta Van Susteren interviewed new Ohio Attorney General Mike DeWine and made the point that this should go straight to the Court in about 60-days, max. Great great point!

What should be of note is that the Judge used Obama’s own words against his own health-care plan. The Washington Times notes in their story, “Judge rules against health law, cites Obama’s words,” this:

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.

Judge Vinson, a federal judge in the northern district of Florida, struck down the entire health care law as unconstitutional on Monday, though he is allowing the Obama administration to continue to implement and enforce it while the government appeals his ruling.

The footnote was attached to the most critical part of Judge Vinson‘s ruling, in which he said the “principal dispute” in the case was not whether Congress has the power to tackle health care, but rather whether it has the power to compel individual citizens to purchase insurance.

Judge Vinson cited Mr. Obama‘s campaign words from an interview with CNN to show that there are other options that could pass constitutional muster including then-candidate Obama‘s plan.

During the presidential campaign, one key difference between Mr. Obama and his chief opponent, then-Sen. Hillary Rodham Clinton, was that Mrs. Clinton‘s plan required all Americans to purchase insurance and Mr. Obama‘s did not.

Congress eventually included the individual mandate in the bill it passed, and Mr. Obama signed that into law in March. Since then, he and his administration have defended its constitutionality, arguing the mandate is the linchpin that brings in more customers to insurance companies, which in turn allows those companies to expand the availability and lower the cost of coverage.

Much of Judge Vinson‘s ruling was a discussion of how the Founding Fathers, including James Madison and Thomas Jefferson, saw the limits on congressional power. Judge Vinson hypothesized that, under the Obama administration‘s legal theory, the government could mandate that all citizens eat broccoli. (emphasis added)

…(read more)…

Great Stuff!!

N.O.W. supports men who call women whores

Published by Papa Giorgio

Carol Platt Liebau points out the obvious hypocrisy in the modern – progressive – feminist movement.

The day after he (or a member of his staff) is caught on tape calling Meg Whitman a whore, Jerry Brown has announced the endorsement of the National Organization of Women (NOW).

You know, it’s fashionable in feminist circles tosit around  bemoaning the fact that few young women want to identify themselves as feminists.

Wanna know why?  This kind of hypocrisy is the reason why.  It’s OK with NOW, supposedly an organization devoted to the equal and respectful treatment of women for Jerry  Brown to call his opponent — an accomplished woman, and more importantly, any woman — a “whore.”  It’s OK with NOW for Bill Clinton to engage in sexual harassment of an intern in The White House, and possibly worse in his pre-presidential days.  It’s OK with NOW to allow Sarah Palin to be denigrated in the cheapest, lowest and most sexist ways.

NOW has nothing to do with women’s rights, or the proper treatment of women.  They are simply shills for abortion and big government.  They ought to admit it and take the word “Women” out of their name, because they no more stand for “women” in general than President Obama stands for small government and low taxes.

Women — and men — are on to NOW’s racket.  That’s why their endorsement means nothing.  They’re just political hacks.  What young woman in her right mind would want to be associated with such cheap political opportunism?


Judge Robert Bork Says Kagan Is A No-Go

Published by Papa Giorgio

IBD has an article by Phyllis Schlafly, the woman who almost single handily stopped radical feminists from great strides decades ago. Here, she makes a great point about why Kagan shouldn’t be allowed into our judicial system at such a high level:

…Now that Obama is president, he has the power to nominate Supreme Court justices who will “break free” from the Constitution and join him in “fundamentally transforming” America. That’s the essence of his choice of Elena Kagan as his second Supreme Court nominee. She never was a judge, and her paper trail is short. But it’s long enough to prove that she is a clear and present danger to the Constitution.

When Kagan was dean of Harvard Law School, she presented a guest speaker who is known as the most activist judge in the world: Judge Aharon Barak, formerly president of the Israeli Supreme Court.

The polar opposite of the U.S. Constitution, which states that “all legislative powers” are vested in the elected legislative body, Barak has written that a judge should “make” and “create” law, assume “a role in the legislative process” and give statutes “new meaning that suits new social needs.”

Barak wrote that a judge “is subject to no authority” except himself, and he “must sometimes depart the confines of his legal system and channel into it fundamental values not yet found in it.” Channel? Does he mean he channels in a trance, as Hillary Clinton supposedly channeled discourse with the long-deceased Eleanor Roosevelt?

Despite Barak’s weirdo writings, or maybe because of them, Kagan called him her “judicial hero.” Judge Robert Bork, a man careful with his words, says Kagan’s praise of Barak is “disqualifying in and of itself.” Bork said that Barak “establishes a world record for judicial hubris.” He wrote that Barak embraces a judicial philosophy that “there is no area of Israeli life that the court may not govern.”

…(read more)…