Tuesday, February 01, 2011

Health Care Mandate Is Unconstitutional,
Says Florida Judge

The people writing and voting for the ObamaCare bill were both arrogant and stupid. For an excellent discussion of the issue, see Michelle Malkin's post: "Hey, remember when conservatives objected to the Obamacare federal individual mandate on constitutional grounds and the liberal establishment laughed?"

Plus, of course, if ObamaCare is so great, then why all the waivers? Malkin say when she last examined the list of "privileged escapees" from ObamaCare given out by the govenrment, the number was 222. This past week, the list suddenly grew to 729--plus four states (Massachusetts, New Jersey, Ohio, and Tennessee). Plus four SEIU locals, bringing the total number of ObamaCare-promoting SEIU escapees to an estimated 45,000 workers represented by seven SEIU locals. And we know that list will grow. The Hill reported last week that the GOP freshman (Rep. Trey Gowdy, R-S.C.) put in charge of a congressional oversight committee on health says he'll use his powers to investigate waivers given to businesses or individuals for any part of the new healthcare reform bill. "If there are exemptions," Gowdy said, "what was the process by which those exemptions were sought and given?" What, indeed.

I love Ann Coulter. "If Congress can force all citizens to buy a product--if this is Constitutional, then Republicans should turn around and mandate that all persons should 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 buy health insurance.”

Ann has a way with words, doesn't she? She also has a way of making the absurdity of the other side's argument crystal clear.

Update. The White House has responded to the Florida judge's ruling, reported at Forbes: "Obama Administration Fires Back at Judge Vinson and His Decision." Spokesperson Stephanie Cutter wrote on the White House blog that the ruling is a "plain case of judicial overreaching." Really? Good try, Stephanie.

Update #2. Here is an exerpt of Judge Vinson's decision plus a link to the entire 78-page ruling. "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."

The issue is the unserverability of the mandate, which, as Greta Van Susteren at Fox News has explained: It was the first time a federal judge declared the entire law unconstitutional, saying that the mandate requiring every American to purchase healthcare cannot be severed from the bill, because it does not contain a severability clause. Van Susteren also said not putting a severability clause in Obamacare, which would have allowed the mandate to be removed, while the rest of the law stood, was “so stupid. With all due respect, any idiot knows to put a severability clause in a statute. This is not hugely sophisticated stuff,” said Van Susteren.

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