Posts Tagged ‘Repeal’

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 the United States House of Representatives today?

Answer: The Republican-led House easily passed legislation to repeal Obamacare!

Politico reports:

House Republicans passed a bill to repeal President Barack Obama’s health care plan Wednesday, taking their first major step toward rolling back the massive overhaul that has dominated the American political landscape for almost two years.

The vote was 245 to 189, and unanimous GOP support gave the vote the same partisan feel of the March vote to pass the law, underscoring once again the hardened political lines of the health care debate. Only three Democrats backed the repeal, a smaller number than Republicans had once predicted.

The bill will head next to the Senate, where Majority Leader Harry Reid (D-Nev.) has promised to block it. If it did receive a vote, the repeal bill would be unlikely to draw support from even a majority of senators. Even so, House Republican leaders have challenged Reid to give the bill a vote since Democrats, who control the chamber, have little to fear.

Political pundits have repeatedly said that H.R. 2 (the repeal of Obamacare) will not make it through the Senate. Granted, the odds are extremely slim, but it is not impossible. There is a way to get it on the Senate calendar:

  • Republican Senators need to use Senate Rule 14 and object to the second reading of the bill. By doing this, the bill will “hold at the desk” and sit on the Senate calendar which could be brought up for debate at any point during the next two years.
  • Since Senate Majority Leader Harry Reid (D–NV) will not proceed with the bill, Republican Senators can use Senate Rule 22 to commence debate on H.R. 2 if they have held the bill at the desk. By doing this, it would bring up a cloture vote, but Republicans will not have the 13 Senate Democrats to break the filibuster. Instead, it would force Democrats, who cried about the filibuster and obstructionism for the past couple years, to engage in a real filibuster. In the end, this would be exciting to witness.

Ultimately, full repeal of Obamacare will depend on the courts. If a number of federal courts declare parts of Obamacare unconstitutional, then there will be more incentive for Democrat Senators to vote for repeal. Also, as Hot Air points out, “if the GOP regains a Senate majority in 2012, they could conceivably use reconciliation to break a Democratic filibuster and push a repeal bill through.”

It will be tough to do, but full repeal must be done!

On a side-note, watch Rep. Paul Ryan (R-WI) slap House Democrats with a giant dose of reality and common sense:


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Wonder what you would find if you frisked the new 112th Congress?

Answer: Republicans will bring up a healthcare repeal measure.

The New York Times reports:

Soon after the 112th Congress convenes Wednesday, Republicans in the House plan to make good on a campaign promise that helped vault many new members to victory: voting to repeal President Obama’s health care overhaul.

The vote, which Republican leaders pledged would occur before the president’s State of the Union address later this month, is intended both to appeal to the Tea Party-influenced factions of the House Republican base and to emphasize the muscle of the new party in power. But it could also produce an unintended consequence: a chance for Democrats once again to try their case in support of the health care overhaul before the American public.

First of all, the repeal effort will more than likely fail, but it will show the American people that the new Republican majority in the United States House of Representatives is down to play hardball.

Secondly, I love the New York Times’ wishful thinking. I don’t know where these so-called journalists – Jennifer Steinhauer and Robert Pear – have been, but President Obama’s health care overhaul is still (and will always be) unpopular. After all, a majority of the Democrats that ran for reelection back in November ran away from their so-called “historic” health care reform accomplishment.

What makes these journalists think that the American people will suddenly embrace the hijacking of one-sixth of our economy? Oh yeah… I forgot that these are the same political ideologues that believe it’s a “messaging” problem when it comes to health care reform. I don’t know about the New Yorks Times, but I find these to be great reasons to hate it:

You get the picture… Bring on the repeal vote!

*UPDATE* – January 3, 2011 – 10:12 PM.

Bill Kristol – from The Weekly Standard – reports:

I’m told the Speaker’s office is about to announce that the House Rules Committee will meet on Thursday, and that a rule to consider the repeal of Obamacare will be brought to the House floor on Friday.  The House will then vote on the repeal of Obamacare on Wednesday, January 12. In order to comply with the new transparency rules, the repeal legislation will be posted tonight, available here.

I was waiting to post this update on my blog until the legislation was posted online. Well folks, it is here! Introducing The Job-Killing Health Care Law and Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010. Click here to read the official legislation.

Props to US Rep. Eric Cantor (R-VA) for coming up with that straight-to-the-point name for the legislation!

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Wonder what you would find if you frisked President Obama’s health-care reform bill today?

Answer: The bill’s individual mandate was ruled unconstitutional!

Bloomberg reports:

The Obama administration’s requirement that most citizens maintain minimum health coverage as part of a broad overhaul of the industry is unconstitutional a federal judge ruled, striking down the linchpin of the plan.

U.S. District Judge Henry Hudson in Richmond, Virginia, today rule that the requirement in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. While severing the coverage mandate, which was to become effective in 2014, Hudson didn’t address other provisions such as expanding Medicaid.

“At its core, this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it’s about an individual’s right to choose to participate,” wrote Hudson, who was appointed by PresidentGeorge W. Bush in 2002.

The ruling is the government’s first loss in a series of challenges to the law mounted in federal courts in Virginia, Michigan and Florida, where 20 states have joined an effort to have the statute thrown out. Constitutional scholars said unless Congress changes the law, its fate on appeal will probably hinge on the views of the U.S. Supreme Court.

Victory! This is a critical milestone, but the fight against Obama-care is far from over. Either way, today is a great day for our United States’ Constitution.

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Wonder what you would find if you frisked the Republican Party and what’s next on their agenda to fight President Obama’s socialized health-care reform?

Answer: Repeal or the courts.

The fight against President Obama’s socialized health-care has only just begun! FOX News reports:

The health care reform fight isn’t over. It’s just changing venues.

Now that the House, in a historic vote, has passed the Senate’s bill and sent it to the president’s desk, state lawmakers and attorneys general already are lining up to challenge its constitutionality and wage an outside-the-Beltway war against it in the courts.

Virginia Attorney General Ken Cuccinelli was the first to announce Monday that he will file a legal challenge — as soon as Obama signs the bill.

Florida Attorney General Bill McCollum also plans to announce Monday morning that he and top prosecutors from nine other states are filing a lawsuit to “protect the rights” of the American people from the bill.

They are expected to sue over the bill’s mandate that requires everyone to buy health insurance.


While some Republicans have threatened to pursue repealing the legislation down the road, the most immediate challenge will take place in the courts.

At least three dozen state legislatures are considering proposals to challenge the federal legislation. Some are pursuing amendments to their constitutions by ballot question; others are looking to change state law.

Using the courts is definitely a necessary step to take, because the current Obama-care bill is clearly not constitutional. Besides that, we need to make sure that every single Republican/Conservative candidate running this year makes a pledge that they will work endlessly for the repeal of Obama-Care. Unfortunately, repealing a new government entitlement is an enormous obstacle that increases as time passes. Ed Morrissey – from Hot Air – explains how this would be a difficult process this fall:

Can this law actually get repealed?  The answer is yes, but it’s difficult — and it gets more difficult as time goes on.


First, let’s look at the legislative process.  Unless the GOP seizes two-thirds of both chambers of Congress in the mid-term elections, which is mathematically impossible for the Senate, Republicans cannot override a veto on a repeal bill.  They probably could pass it in the Senate if they manage to get a small majority this fall using the same reconciliation process Democrats will attempt this week to pass the sidebar fixes to the bill that will get signed into law today, but Barack Obama will veto any such bill outright.

We may defeat Obama in the 2012 elections and hold a larger majority in 2013, although it’s worth noting that few Presidents have been defeated in their bid for a second term in a general election.  But by that time, a number of things will have already happened.  Insurers will have already passed along higher premium costs to businesses, creating resentment towards Democrats, but also towards the insurers, which will generate sympathy towards greater regulation of the industry.  It will also disrupt the existing insurance for all of those added to Medicaid, which means any repeal would necessarily throw people back into uninsured status. Some insurers will probably have left the market, making it more difficult to use market-based reforms.  Put simply, a repeal in 2013 will be even more desirable than now, but it won’t be a return to status quo ante, at least not politically.

Although we have the American people on our side (for now), do not underestimate the liberal mainstream media. If Republicans choose to go down the road of repeal, they will be demonized to the highest degree. The liberal mainstream – without a doubt – will try their best at labeling Republicans/Conservatives as racists, heartless fear mongers, and individuals that want to stripe health-care away from poor people. Therefore, we must stay strong and politically active on all levels of government: local, state, and federal. First, we must focus on the health-care bill’s current budgeting process, then the courts, and then have the repeal option ready and waiting in case it’s needed.

At least there’s some positives out of this gruesome massacre of our freedom and liberty:

Republicans despondent because they think the bill is a government takeover that is about to ruin the American health care system may want to cheer up. First, if the bill is half as terrible as the Republicans say it is, Americans are going to be so upset about it that they blame the Democrats. That will redound politically to the benefit of the Republicans, and it may even make a repeal of the bill possible. Second, even without passage of this bill, health care costs were growing to the point where they were putting pressure on family and government budgets, and it was about to get worse because of the aging of the Baby Boom generation into Medicare. Now the Republicans have a plausible way of blaming the Democrats for all these problems, which were going to happen anyway under the course set by a Republican administration.

In short, the Democrats now officially own every long line, every premium hike, and every medical bill… Good luck with that one socialists.

Well, I guess we better get it started:

Click here to sign the pledge!

*UPDATE* – March 23, 2010 – 3:00 PM.

U.S. Rep. Michele Bachmann (R-MN) announced today that she has a bill that will repeal President Obama’s massive health-care overhaul:

I am proud to introduce a bill today, that would repeal the monstrosity that passed yesterday. The bill that barely passed, can only be described as a killer bill.

It kills jobs, it kills opportunity, it kills promises that taxes wont rise, and we all know it will be a killer to the unborn. Sadly, the only bipartisan aspect of yesterday’s voting was the opposition to the legislation. Dozens of brave Democrats, stood up and voted against Pelosi’s wishes.

However, the fight is far from over.

While Sunday’s unprecedented action in the House, handed one-sixth of our nation’s economy over to the federal government, we can still save future generations of Americans from the job-crushing debt and rationed medical care prescribed in the so-called ‘Patient Protection and Affordable Care Act.”  That is why I’ve introduced a bill to fully repeal this fatally flawed legislation. In the coming days I will unveil a method, so each and everyone of you, can make your voices heard!

This is exactly why I like Rep. Bachmann (R-MN) so much! Haha.

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