published Wednesday, September 14th, 2011

ObamaCare bound for Supreme Court

A federal appeals court's recent dismissal of two lawsuits seeking to have ObamaCare overturned has not changed the fact that ObamaCare almost certainly will wind up in the U.S. Supreme Court.

The latest ruling, by a panel of three Democrat-appointed federal judges in Virginia, declared only that the plaintiffs in the lawsuits -- filed by the Virginia attorney general and Liberty University -- did not have standing to sue. So the court did not rule on the constitutionality of ObamaCare.

But previous rulings by two separate appeals courts split on the issue -- with one declaring ObamaCare constitutional and the other striking down its key provision that individuals must buy government-approved medical insurance or be fined.

Those contradictory rulings put the socialized medicine law on a course for the high court, where its fate is uncertain.

At stake is fundamental respect for our Constitution's limits on federal power. Though previous laws and court rulings alike have undermined the 10th Amendment's restrictions on what the federal government can do, ObamaCare would go a step further by forcing most Americans to buy insurance or be penalized. There is nothing in the Constitution permitting such an intrusion on personal liberty, however desirable it may be to have insurance. So we can see why a majority of the states have filed suits seeking to have ObamaCare overturned.

We hope they succeed.

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EaTn said...

During the debate interview with representative Paul a statement was lost among the yelling from the crowd to let the uninsured die. He stated that churches and hospitals should take care of the uninsured. Most churches don't have such facilities so the fact is hospitals take care of the uninsured in the most expensive way and pass the cost on in the form of higher rates for those who have insurance or pay out of their pocket. About three months ago a friend's forty year old son got sick and let it go for some time because he'd lost his insurance, wound up in the ER then spent a month in ICI before dying. Besides the tragedy of leaving behind two young kids, the hospital absorbed about half-million dollars cost. This is how the right-wingers propose to operate health care.

September 14, 2011 at 6:24 a.m.
conservative said...

Oblamer, the Demoncrats, and all other lieberals are Socialists. Socialists by definition want and vote for those who want an all- powerful central state. Our Constitution is anathema to their cause. The Supreme Court has at least 4 committed Socialists on it so we as a nation are in great peril. Socialism is a great evil as evidenced by the loss of freedom and moral decay of those failed nations which pratice it.

September 14, 2011 at 7:14 a.m.
rolando said...

EaTn -- The left-wingers, on the other hand, propose to force every US resident to pay for everyone...except those our tyrant-in-chief has deemed exempt [his cronies, labor unions, high campaign contributers, et al].

Illegal aliens are exempt, as usual, because how are they going to enforce their seizure of funds? How will it impose its penalty for non-pourchase? It can't find them now. The illegals think The Hussein did them a favor with his Amnesty For reality, he wants to know where they are so he can tax them.

September 14, 2011 at 2:12 p.m.
fairmon said...

The AHCA is a poorly constructed piece of legislature that was rushed to closure, modified on the run with pork and accommodations to many and is not yet understood by the administration or congress. Those opining with different view points have not read and obviously don't understand it any better than those that passed it without reading and understanding. Nancy Pelosi did not know the wisdom she imparted with her insight "we will just have to pass it to really know what is in it" and that will happen over the next two years. Those praising it will often say "I didn't know that was in there" and "we were told it wouldn't cost more and we could keep what we have" which are both flat out lies.

It is another loss of freedom of choice that people are willing to give up with promises of security that cannot be delivered without major tax increases and more loss of freedom. It is naive to think 100% of the under and uninsured can be insured without significant added cost or loss of coverage by those that now have reasonably good health care coverage.

September 14, 2011 at 7:56 p.m.
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