Posted on 12/23/2013 10:34:50 AM PST by Oldpuppymax
Two months ago, the DC Federal Appeals Court ruled that ObamaCare’s mandate to provide insurance coverage for contraceptives could not be imposed on the business organizations Freshway Foods and Freshway Logistics of Sidney, Ohio. The Court ruled that “…forcing those owners to provide the coverage would violate their individual First Amendment rights allowing for the protection of their religion.” (1)
Then, on December 16th, Judge Brian Cogan made his U.S. District Court for the Eastern District of New York “…the first court to hold that participating in Obama’s scheme to provide free birth control is a substantial burden on the free practice of religion…” (2) Not only did Cogan strike down Obamacare’s contraception mandate as applied to religious non-profit organizations, he also “…sent a strong signal that federal courts were losing patience with President Obama’s many stitches of executive power.” (2)
Prior to the December 16th ruling, administration attorneys argued that because Congress refused to institute a contraception mandate which satisfied White House demands, Obama was somehow “…authorized to...
(Excerpt) Read more at coachisright.com ...
“John Marshall has made his decision; now let him enforce it!”.
I think this is what I’m reading....Making Law by executive order....is not the way it works
“Warn him?” Throw is ass in jail!
Oh yeah, THAT will stop the nutjob cold, right?
"Strong signal"
hahahahahaha...
.
Obama uses court rulings for toilet paper. Warnings from the court make handy Kleenex.
Federal decree? Sounds kind of ‘totalitarianistic’ to me..
Or as Gore opined.. A risky scheme.
If these court ‘briefings’ are true and valid where is the people’s representatives i.e. Congress as to taking action to stop such egregious actions by Obama and his enablers? My personal opinion is that most if not all members of Congress are so tainted, knowingly or unknowingly, with corrupt dealings that they are subject to blackballing and blackmailing.
[ Fake sign up for a fake prez. ]
They probably have someone using remote control software to run a power point simulation of the web site sign up while obammy types on a disconnected keyboard.....
Selective Enforcement of the law is nothing but the Tyranny of using the law to rule others by selective decree...
Exactly!
I honestly don’t see how the Individual Mandate penalties can be enforced against anyone at this point. If Obama is illegally giving some people exemption, it does not seem they can now be enforced against anyone. At least that would be my defense when I refuse to pay the penalty/tax.
If congress is not going to perform and preserve its lawful legislative authority and power of the purse, then why bother to convene for another session? What functions, other than ceremonial, would be left to them? Just go home and stay there.
Court warns, and if Obama doesn’t abide, Court will hold its collective breath until purple in the faces.
“In addition to its defeat in Judge Cogan’s court, ObamaCare suffered yet another blow just this weekend when a federal judge in Oklahoma City “…granted an injunction…that prevents the government from enforcing the ObamaCare mandate requiring religious groups across the country to provide insurance that includes access to the morning-after pill and other contraceptives.” (3) The injunction prevents the government assessing massive financial penalties against the nearly 200 plaintiffs in the class action suit.”
This is going to take a while to unravel in the courts, but it seems to me that if the contraception mandate is held to be unconstitutional, it does two things:
First, because contraception is mandated in every offering on the exchanges, and you cannot purchase a federally approved insurance plan without it, then (for lack of a better phrase), you cannot purchase insurance legally on the exchanges as the law now exists, because doing so would violate the first amendment for some.
That raises the second issue: if the law doesn’t apply equally to all, it violates the equal protection clause of the constitution! The president does not have the constitutional authority to grant waivers to some and not to others! In other words, he does not have the authority to enforce the law against some and not others!
All I can say is thank God not a single conservative or Republican dirtied his or her hands with this mess! This is all on you, Dimocrats! It’s all on you!
FUDP!
Obama has nothing to worry about from the Judicial Branch. The Supreme Court already caved on Obamacare.
Traitors!
I'm waiting for the President with the courage to revoke all existing Executive Orders as unconstitutional - and who will pledge never to issue another one.
I expect his tenure in office would be short.
He’s got 17 dfays to develope words of chicanery that will just put the impeachment of a criminal off just a few more weeks or months until another crisis or...
I don’t like the way the judge worded that.
If the President is working within the bounds of his constitutional authority there is practically nothing he can do unilaterally.
The only power the president has unilaterally is the powers of the commander in chief which is very limited.
The power of the president is almost totally encompassed by the words : he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment” and “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session”.
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