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:
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)
Great Stuff!!