Skip to comments.Equal Protection Under The Law: The Real Argument Against Obamacare
Posted on 09/24/2013 5:24:05 AM PDT by usconservative
This morning on WLS Talk radio in Chicago, the 6am hour started off with Obamacare. The two hosts (Bruce Wolf, Dan Proft) both have law degrees, one is a practicing lawyer.
So I called in and asked the question I've had since 2009: How is Obamacare NOT a violation of the Equal Protection Clause of the United States Constitution.
The initial argument back was "well, we've already had our bite at the apple" to which I responded: Either the law applies to everyone, or it applies to no one. That's the heart of the Equal Protection clause is it not?
I then went on and cited a number of laws that apply to us all. Using speed limits as an example, I asked: Do we all have to comply with speed limit laws? Does it matter if one's a union member or not? Of course it doesn't.
The two hosts conceded I had a good point.
So here's my question: WHY isn't the argument AGAINST Obamacare framed in this context? I happen to think that the American People will quickly grasp onto the concept of "the law either applies to all, or it applies to none" once they realize WE THE PEOPLE are being treated as second class citizens while Congress and Obama's favorite Unions and other causes get EXEMPTIONS from Obamacare.
The law either applies to all, or it applies to none, does it not?
I have to run to work in a few minutes, will be checking back later today for replies...
Rather, arguing "Equal Protection" is a separate argument that I believe could be won in the USSC.
I heard your call to Bruce and Dan this morning and that is an excellent point. We need to keep asking that question over and over again.
I have not problem with conservatives fighting for a second bite at the apple. The homolobby had the 1980s ruling on sodomy overturned by subsequent Supremacist Court Gods.
They pretend they are infallible and never reverse themselves but it just ain’t so.
This is one reason the Supreme Joke called it a tax. When did you ever here of Equal Protection under the tax code.
That's the point of Equal Protection in the Constitution.
I'm off to work..
I bet thats why they ruled it a tax. In the tax code you will find carve outs, credits, exemptions, subsidies, and waivers galore.
I understand what you are saying. That is why the court ruled it a tax, so they did not have to rule on other constitutionality issues. They ran from it.
You can point to one or two political figures who are not participating in the scam, but the odds are not in their favor. Or in ours.
The dream is over.
I agree with you. And if ObamaCare is such a great law, why do largely democratic groups such as unions want exemptions.
If it’s such a great law, why is it being forced on you at the point of a gun? ie...the IRS.
Sounds like someone handed Roberts a paper to sign with everything already filled out. Hence, the ‘tax’ part that can’t really be challenged.
The dream is over.
Roberts is a disco dancing, oscar wilde reading, Barbara Streisand ticket holding, friend of Dorothy.
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