Posts Tagged ‘Obama-Care’
Who knew that Chief Justice Roberts secretly wanted to be a congressman? Because at the heart of his majority opinion is where he changed out of his jurist robes into his legislator’s costume. How else can you explain what happened Thursday as the court ruled to uphold the constitutionality of the misnamed Affordable Care Act by finding the mandate is only a mandate if it is a mandated tax?
Roberts did a ctrl h to the law replacing the repeated word ‘penalty’ with the constitutionally approved word ‘tax’. And like magic the judicial branch has grown its own legislative branch.
But wait…there’s more! Obama himself argued that his mandate was not a tax:
And during the first opening oral arguments the Supremes were trying to ascertain if the mandate indeed was a mere penalty or really a tax.
This little bit of debate was key to the entire case before the Supremes because the Anti-Injunction Act prevents lawsuits before a tax is paid. Taxpayers must pay the imposed tax to have standing to sue against the tax. Obama-care’s penalties taxes are not due until 2014. If the mandate is a tax there is no case and the suit is tossed out.
So, team Obama argued it is not a tax and the court accepted it to be not a tax so the case could move forward to have Roberts decide that, yes, indeed, it is a tax.
If your head is spinning it means you are following along nicely. It you feel the ground moving, that is because the Founding Fathers are following along and spinning in their respective graves.
Yes, it was that kind of week Thursday was.
Some of you (okay, the one of you who does read this) may have seen some esteemed fellow conservative commentators commentate that this ruling was indeed the work of genius as it puts Obama-care into realm of the largest tax increase in history and ties the Democrats to this tax increase while preserving limits to the Commerce Clause.
First off who in their right, center-right, center, left of center minds do not know that Democrats love increasing taxes? Any tax increase is never taxed enough or high enough for them.
And limiting the Commerce Clause by removing the limits as long as the expansion is a tax levy–even if such wording and debating states the exact opposite of a tax levy. That is one limit to be honored.
Now, this blogger has in the past over-used cleaning the litter box as a metaphor for political studies. As I sift out the pee clumps and cat shit I know there is not going to be any gold or diamonds found in the box after I am done. Somehow our esteemed brighter lights of commentary think they have found gold and diamonds amid the piss and shit in this litter box filled by Chief Justice Roberts’ opinion.
There ain’t any.
This ruling is a loss, a defeat, a crushing blow to our side who believes in limited government under a strict constitution where each branch is separate and plays in their own litter box for the good of the republic and its citizens. There is no other way this litter sifter sees it.
So, what happens next?
I don’t know. But if past is prologue we are stuck with this badly decided ruling for maybe 100 years or so. I am not being overly pessimistic just resolutely realistic.
Dred Scott took a civil war to overturn it.
Plessy which made segregation the law of the land took 6o years before Brown overturned it.
Roe is still enforcing a faux right to abortion since 1972 despite it being a cornerstone of conservative campaigning against.
So how long do you really think it will take before the Affordable Care Act ruling is overturned by a future court or legislative act?
And if it is by legislative act that this is overturned and a new suit is brought before the Supremes, will some future Chief Justice effect the rules of Roberts and ctrl h it to mean whatever the court wants it to mean to fit into their opinion?
By then maybe our liberty and freedoms too will have come under the SCOTUS editor and be easily replaced with a keystroke.
That is why this is even a bigger fucking deal than that master of vice Vice President Joe Biden made it out to be.
Spring is not usually a time for melancholic musings. It’s a time of renewal and regrowth after the dormant winter passes.
Mr. Gray-glo hasn’t been himself lately because he has been himself.
And left to my own devices, to my own counsel where I fling thoughts like hard hit ping pong balls off the inner wall of my empty cranium only to have them ricochet back and around; I find myself jumping, dodging, pirouetting, and other Jerry Lewis styled moves to keep from being struck and harmed by them.
A client who has himself as his own counselor has no hope.
There is a lot going on in our world and Mr. Gray-glo realizes all the blogging means not a whit to it.
POW! One ping ponged ricochet has hit its target.
Somehow naively I believed in 2012 with a biracial but self-identified African-American as president, we all have moved on and beyond race or ethnicity as The Issue. But as the shooting death in Florida starkly reminds this mere observer, we have not. 2012 is no further along than 1966 and the summer of the Hough riots in Cleveland.
Justice will no longer be served in this case because blood lust wants what it needs. And the media will keep stroking this lust until it gets the video it desperately needs; followed by the panel discussion hand wringing about responsible journalism.
Mr. Gray-glo has seen this sequel before. One version starred Gary Condit, another starred some Duke University students, and now we have this epic production. And if cooler heads don’t rise up it will end badly but with great video that will give all cable news directors woodies.
And no amount of typing on this guy’s part will change it.
Whack! That’s one sharp one between the eyes.
The Supreme Court has taken up the case about the constitutionality of Obama-care.
Six hours of argument spread over three days. Audio was released the same day owing to the importance of this case.
Nothing less than the future of the citizen and government relationship is at stake.
The justices have heard and questioned the litigants. Now, we are told, they have sat around their conference table inside the inner sanctum of the court and voted. Their decision and the opinions will be released sometime in June.
If by joining a grass-roots organization, marching on Washington as part of National Tea Party protest, sending numerous blistering emails, calling Senators and Representatives, manning phone banks…could not derail the passing of this bill; there is not one more word Mr. Gray-glo can post that will change what the court decides and the aftermath.
BAM! That ping pong raised my voice a few octaves!
Mr. Gray-Glo was caught up with the Venus-Jupiter conjunction from last week.
Venus and Jupiter could be seen flirting with each other nightly. Venus, the Goddess of Love and Jupiter the Big Ball of Hot Gas came so painfully close only to just become passing planets in the night sky.
It was an optical illusion because there really is too much space between them.
As the weeknight wore on, Jupiter moved further and further away from Venus. And now, they are apart.
The science of astronomy clashing with the romance of poetry…
Crush! A direct shot into the heart.
Maybe it was coming off my third straight week of working nights along with the distressed sleep patterns that caused the exasperation of this melancholy mood.
I tend to wear my emotions on my face. Mr. Gray-glo has no business playing poker.
And as one who does keep his own counsel when this darkness descends; I only have myself as my guide out of it.
Maybe, just this once, something I write may be of use.
Maybe a post can change something.
Even if it is only Mr. Gray-Glo’s own melancholy Spring.
Just who does this President Obama think he is? Even Nixon acquiesced to the courts and turned over his career ending recordings.
Maybe he was inspired by former Ohio Governor Taft who ignored the Ohio Supreme Court when it came to public school funding, but that’s another story for another place.
Monday, U.S. District Judge Roger Vinson ruled the Democrat law unconstitutional.
This makes Obama care void and no longer the law of the land.
But not to the Obama administration:
Senior administration officials vowed on Monday to continue with the full implementation of President Obama’s health-care reform law despite a federal judge’s decision declaring the law unconstitutional and void in its entirety.
When federal judge Roger Vinson issued his decision declaring ObamaCare unconstitutional, I wrote that a major showdown was looming this year. I was referring to moves by Senate Republicans to repeal all or portions of the law and the administration’s expected appeal of Judge Vinson’s decision. I further commented that this case would eventually be decided by the Supreme Court as neither side was likely to rest until all legal and options had been exhausted. What I did not expect was the President and his administration would choose to simply ignore a judge’s order. Based on the language in the ruling, it is clear Judge Vinson did not expect this to happen either.
That is not an idle question.
The victors in this law suit are acting as if the Judge’s ruling is indeed binding:
In the wake of U.S. District Judge Roger Vinson’s ruling that the federal health care legislation is unconstitutional, Florida insurance commissioner Kevin McCarty returned a $1 million federal grant awarded to the state to assist with reforms. The money would have paid for a system to provide information to consumers on the rates of large-group insurers.
Florida is putting its money where its lawsuit’s mouth is.
President Barack Obama’s signature health care overhaul is now unenforceable in Utah, the state’s top lawyer says.
The judge didn’t issue a restraining order, but he said his ruling was the “functional equivalent” of an injunction, complicating implementation of the act in the 26 states that sued.
“It is our legal opinion that we are no longer bound by the act,” said Utah Deputy Attorney General John Swallow. “That is the advice we’ll give the governor.”
The Senate Judiciary Committee held its first-ever hearing on the constitutionality of ObamaCare yesterday, and talk about a barn door closing. After federal Judge Roger Vinson struck down on Monday the entire statute in a suit brought by 26 states, some states are already suspending any efforts to comply with its regulations and mandates.
“For Wisconsin, the federal health-care law is dead,” Attorney General J.B. Van Hollen said in a statement, unless Judge Vinson’s decision is stayed by the 11th Circuit Court of Appeals. Florida Governor Rick Scott said he had no intention of wasting “time and money” executing the for-now defunct law, and his insurance commissioner returned a $1 million federal assistance grant. Idaho will also freeze implementation, and we hope the remaining 23 states will join the rejectionists.
For all the liberal squawking, Florida, et al., are well within their legal rights: A federal court issued a binding judgment voiding the law, with Judge Vinson noting that he trusted the Administration would obey the “long-standing presumption” that such a judgment is “the functional equivalent of an injunction.”
Yet the White House and Health and Human Services have already said they’ll continue running ObamaCare as if nothing has changed. Imagine the rule-of-law furor if the Bush Administration had said a wiretapping or other civil liberties ruling didn’t matter.
Yes, imagine Bush just ignoring a court’s decision.
Last March this writer wrote that the Democrats owned your health care. Never before in our history did one party rule attempt to change American economics and society. And now we are witnessing the rejection of one party rule as it pertains to health care and the government’s role in it.
At the ballot box we citizens voted out those who ignored our pleas, our shouts, and our protests.
The House voted to repeal Obama care.
The Senate voted and along strict party lines the repeal effort failed:
Senate Democrats remained united on Wednesday in killing a Republican effort to repeal the health care bill signed into law last March.
All Republicans voted together in favor of the McConnell-sponsored amendment. The vote was 47-51.
The House passed the repeal measure last month.
But the defeat of the equivalent legislation in the Senate means that the ultimate fate of the health care bill will likely not be settled until the Supreme Court hears an expected constitutional challenge to the law — particularly its mandate that most Americans buy insurance.
If you are scoring at home: that is one chamber for repeal, one chamber against repeal, two courts upholding the law, and two courts finding against it.
Obama and the constitution are on a collision course.
Nine justices will decide the fate of our liberty.
If congress can mandate any action of its citizens is no action off limits?
Today we are citizens…but for how long until we are deemed mere subjects by congressional mandate.
Another domino drops as the Patient Protection and Affordable Care Act (PPACA) aka Obama-care is ruled unconstitutional.
U.S. District Judge Roger Vinson’s ruling follows the newly seated Republican controlled house’s vote to completely repeal it.
So far 20 plus six late coming (newly Republican winning) states are suing. This was just one case, one step, on the way to securing the state’s and the people’s rights against the Federal government.
What is important in this ruling is that it completely voids the entire PPACA law as unconstitutional.
The entire unread law is voided.
Key to the ruling is the highly controversial mandate to force citizens to purchase insurance against their will under penalty of law.
The mandate is the keystone that holds the entire law; without it reform collapses.
But that is not what voided the law.
Because citizens were so outraged not just by the reform provisions but by the very unseemly process of creating the bill that in Massachusetts they did the unthinkable: they voted a very moderate Republican to take the seat once sat in by the very Liberal Ted Kennedy. Scott Brown proudly campaigned and won as the 41st senator to vote against this reform.
This led the Democrats to change plans drastically and pass what they had already passed before Brown was elected and sworn in.
And when that happened a very important clause or phrase was left out of the entire 2700 page monstrosity: Severability Clause. In the millions upon millions of words within Obama-care they left out perhaps the most important ones:
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Keep in mind that just because this court’s ruling seems to track the will of a majority of citizens, the will of the people; it is not the will of the people who have won. No, the will of the Constitution has won.
The government’s mandate against the people is struck down.
Will Obama follow the mandate of the court?
We will just have to wait and see.
Vinson Declares PPACA Unconstitutional
Entire health care reform struck down by Judge Vinson as ‘unconstitutional’
White House vows to implement health care reform, despite judge’s ruling
Judge uses Obama’s words against him
Judge strikes down healthcare reform law
WASHINGTON — Just about as many Americans want Tea Party-backed members of Congress to take the lead in setting policy during the next year as choose President Obama, a USA TODAY/Gallup Poll finds.
In a survey taken Friday through Sunday, 28% say Obama should have the most influence on government policy next year while 27% say the Tea Party standard-bearers should. GOP congressional leaders are chosen by 23%, Democratic congressional leaders by 16%.The results reflect the strength of the Tea Party movement as the GOP prepares to take control of the House of Representatives in January.
The “Tea Party” style of conservatism beats out the establishment Republican version by 4 points when it comes to setting the governing agenda of the next congress.
Good practical advice on all this comes from Indiana’s Gov. Mitch Daniels, who met this week in New York with conservative activists, journalists and historians. Our country is in real peril, he said, we have a short time to do big things to get it right. Republicans “need to campaign to govern, not merely to win.” If Democrats are “the worst, the most malevolent” in their campaigning, “don’t match ‘em, let ‘em.” Be better. Be serious about the issues at a serious time.
What appears to be coming is a Republican rout. The main reason is the growing connection between public desire on various issues and Republican stands on those issues. But another is what is happening among Democrats—the rise of a spirit of destruction, and the increasing fact of fractured unity.
Greetings from The Windy City. Not the real one–Clevo–but the pretender, Chicago.
So, I’m just sitting here in my doubletree room, finished their cookie treat and don’t know how long that will last under this regime in D.C.. The First Lady is on a huge obesity binge. This hotelier had better watch out or the regime will target it. Maybe soon they will give out broccoli stalks shaped like the twin tree logo they have. Don’t you love how compassionately tolerant the left are unless you happen to be fat?
It was quite a weekend.
Sunday this radical went to the Tea Party Express III (two more sequels than the Obama Regime should have) at the Cuyahoga County Fairgrounds in Berea.
At the entry way I spotted one adult with two small children. They were holding small poster-board hand made signs protesting the protest (isn’t that some kind of double negative?). But like a lot of newbies to the art of the protest, they crammed too many words in too small a space to see the message clearly as I drove past. They incorporated a crudely drawn steaming coffee mug–aha, they are the coffee party folks we hear all the time from the Regime’s official media quackers (double good duck speakers). These three are the Berea Coffee Party! I take mine strong hot and black.
From what I could gather, they wanted us–The Tea Partiers–know that they thanked The Regime for the Health Care Deformation Law; eventhough they like the the ones who wrote it and The One Who signed it don’t know WTF is in it.
Maybe their thanks are misplaced. On behalf of those who are footing the bill, you’re welcome. I knew you knew that because you already feel welcome to my tax money.
Mr. Grayglo’s The Kid manages a coffee shop in a small central Kentucky college town. One day some women asked if they could have their Coffee Party there. They wanted to know if The Kid’s shop could handle the crowd of Coffee Party people. She said, sure. They handle big crowds like when it is the weekend high school seniors are visiting the college that’s the centre of the town. Or the Brass Band festival. But she advised them they couldn’t hang any political signs because her coffee house is apolitical.
The day of the much ballyhooed Coffee Party came and…six people were there! I mean there were more in the coffee shop as it is the hub of social activity. But as for the Coffee Party folks, only six. They were able to serve all without difficulty, the Kid reported.
Monday was opening day of Progressive Field.
What can I say…another lost season seems apparent. Even in this weak division the Tribe looks like the weakest team. Seven games in and I feel like a Democrat supporter (kind of like an athletic supporter but with nothing to hold) reading polls and dreading November 2.
Indians lost 4-2 to the Rangers in 10 innings.
Going to the ballpark could be a lesson in how Obama-Care will work: long lines to pee, long lines to buy over priced junk (nachos and pop $10.75 and no salsa or jalepenos), and no choice in vendors. And then the home team loses.
This blogger was going to post something about his Easter traditions and spending time with his daughter. But instead this guy went to Drudge and found the following story from the Washington Post about President Obama working dangerously without a teleprompter:
When will Obama learn? Without his handlers pulling the marionette strings and an experienced ventriloquist reading the approved script, Obama thinking and speaking (the secret service no longer allows him to chew gum) at the same time may just blow the entire con-game Rahm Emanuel has “crisis” engineered.
Anne E. Kornblut writes:
Even by President Obama’s loquacious standards, an answer he gave here on health care Friday was a doozy.
Doozy doesn’t describe the president’s impromptu spin dance moves as he tries to not answer a concerned citizen’s question about raising taxes with health care. Because as Doris, the citizen questioner puts it: “We are over-taxed as it is.”
Kornblut (will she lose her job for this?) says Doris was blunt.
It must have been because this blunt question and statement seemed to bludgeon Obama into severe verbal dooziness.
If the experience of Samuel Joseph Wurzelbacher (aka Joe the Plumber) is any guide, Doris can expect the full force of the MSM’s investigative reporters ferreting out every aspect of her life in an attempt to destroy her to protect Obama. Doris needs to enter the Obama Questioner Protection Program.
Mercifully, Kornblut does not give us Obama’s complete answer. For that we can blame (or thank) Major Garrett of Fox News.
Here is Obama’s complete doozy of an answer: Obama’s 17 Minute, 14 Second Answer on Higher Taxes and Health Care.
I will sit here and wait until your finished reading it…ok? Done? Let’s move on.
Getting back to Kornblut’s original post; scroll down to the comments about her story. You will find a majority of the comments oppose President Obama and the Democrats’ health care reform and other policies. More so, they oppose him as president. The Post is one of the bastions of liberalism. Something terribly wrong is going on here for Obama and the Democrats.
Obama is out selling a reform that is the law and is blowing it big time.
Memo to Emanuel: Never let a crisis go to waste. We citizens won’t this November.