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Archive for January 31st, 2011

Judge Roger Vinson of the U.S. District Court for the Northern District of Florida has ruled Obamacare unconstitutional and “must be declared void” in full.

The American Spectator reports:

U.S. District Judge Roger Vinson on Monday became the second federal judge to declare the national health care law’s individual mandate unconstitutional.

The decision concerns the lawsuit based in Florida and involving 26 states, and follows a similar decision last month in the suit based in Virginia.

But Vinson’s decision went a step further than the Virginia ruling by not only declaring that the mandate was unconstitutional, but striking down the rest of the law as a result.

As enacted, the law did not include what’s known as a “severability clause,” which specifies that if one part of the law is struck down, the rest of the law stands.  Those challenging the law have argued that as a result, the whole law should be struck down, too.  While U.S. District Judge Henry Hudson of Richmond declined to do so, Vinson argued that, “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

The Obama administration has launched an appeal in the Virginia suit, and is expected to do so in the Florida-based suit as well, likely setting the stage for an eventual showdown in the U.S. Supreme Court.

You can read the ruling here.

VICTORY! This is a critical milestone, but the fight against Obamacare is far from over. There are over a dozen more lawsuits filed in different states and it will be the US Supreme Court who will ultimately make the final decision. Either way, today is a great day for our United States’ Constitution.

My case of the Mondays is officially gone.

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Wonder what you would find if you frisked US Senator Chuck Schumer’s (D-NY) knowledge on the three branches of government?

Answer: He thinks the House of Representatives and Senate are separate branches of government.

Video transcript:

So I would urge my Republican colleagues, no matter how strong they feel — you know, we have three branches of government: we have a House, the Senate, we have a President, and all three of us are going to have to come together and give some. But it is playing with fire to risk the shutting down of the government, just as it is playing with fire to risk not paying the debt ceiling.

I guess Sen. Schumer is one of those elected officials who falls within the 51 percent of elected officials who can’t name all three branches of government, compared with 50 percent of the general public.

For those who think like Sen. Schumer, the actual three branches of government are the executive (run by the President), the legislature (which includes both the House and the Senate), and the judiciary.

Better luck next time Chucky.

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Wonder what you would find if you frisked Health and Human Services Secretary Kathleen Sebelius?

Answer: She believes health insurance is similar to buying televisions.

Huh?

CNS News reports:

Health and Human Services Secretary Kathleen Sebelius defended the new health care law’s mandate requiring people to purchase insurance, comparing the buying of health insurance to buying televisions.

People access health care regardless of whether they have insurance, said Sebelius on Friday. “What they’re choosing not to do is actually pay for those services,” she said.

“[I]f I don’t have a 27-inch TV for the Super Bowl, I can’t demand on the day of the Super Bowl that somebody deliver that TV because I have a right to it. On the other hand, if I don’t have insurance, I come through the door of an emergency room and get treated and get cared for, and somebody else picks up the tab,” said Sebelius.

Very interesting… I have heard the Obama administration (including Ms. Sebelius) and other liberals compare health insurance to auto insurance, but that argument has been debunked numerous times.

Buying TV’s? Really? Now they are just getting desperate.

Side-Note: A Florida judge could declare Obamacare unconstitutional today. If so, it will definitely cure my case of the Mondays.

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