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Federal Court Decision Is a Big Setback for ObamaCare
Opinion Forum ^ | October 15, 2010 | Dan Miller

Posted on 10/15/2010 5:13:34 PM PDT by DanMiller

Alice in Wonderland notwithstanding, Congress must say what it means and mean what it says.

In an order released on October 14 . . . Judge Vinson of the U.S. District Court for the Northern District of Florida, Pensacola Division, permitted an action by twenty states challenging the mandatory health insurance provisions of ObamaCare to go forward. . . .

He noted, "Reviewing courts cannot cannot look beyond a statute and inquire whether meant something different than what it said.

"I have no choice but to find that the penalty is not a tax."

Judge Vinson continued, noting that by declaring the provision a penalty rather than a tax the Congress reaped a political advantage: Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an “Alice in Wonderland” tack and argue in court that the Congress really meant something else entirely, thereby circumventing the safeguard that exists to keep their broad powers in check.

Amen.

I also find very encouraging the judicial reaffirmation that when the Congress expressly states its Constitutional authority in enacting legislation, it should be bound by it and not wander off into other possible (but rather improbable) realms to justify the legislation before the courts. ObamaCare was passed, not as justified by the taxing authority but as authorized under the Commerce clause. If it is is not permitted under the Commerce Clause, as it probably is not, it must fall.

(Excerpt) Read more at opinion-forum.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: commerceclause; courts; obamacare; taxpowers

1 posted on 10/15/2010 5:13:37 PM PDT by DanMiller
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To: DanMiller

A “historical” AND RARE win for Americans in OUR so called “courts”.


2 posted on 10/15/2010 5:14:46 PM PDT by FlingWingFlyer (Less than 20 days to go to election day. I'm giddier than a TV weatherman during hurricane season.)
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To: DanMiller

I have to add this: Figuring out the intent of Congress is more difficult than it used to be when most of the legislators have not read the bill, and the debate in the Congressional Record is therefore wholly inadequate for divining what they were thinking. They weren’t thinking at all. They were good party loyalist apparatchiks, which is why they must be turned out.


3 posted on 10/15/2010 5:17:15 PM PDT by Pearls Before Swine (/s, in case you need to ask)
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To: Joe Brower; seekthetruth

ping


4 posted on 10/15/2010 5:22:06 PM PDT by tutstar
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To: Nightshift

gnip


5 posted on 10/15/2010 5:22:57 PM PDT by tutstar
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To: LucyT; BP2; rxsid; null and void; Candor7

ping


6 posted on 10/15/2010 5:24:27 PM PDT by tutstar
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To: DanMiller

watch Obummer will come out and say that the intent is beneficial. Release your records you whinny ninny. Here the intent is to conceal more corruption. My intent s to shove your healthcare up where the sun does shine you arsehole.


7 posted on 10/15/2010 5:25:40 PM PDT by hondact200 ( Lincoln Freed the Enslaved. Obama Enslaves the Free. Obama is Americas Greatest Threat)
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To: DanMiller

bttt


8 posted on 10/15/2010 5:29:56 PM PDT by tutstar
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To: Pearls Before Swine
I agree. 2,070 page legislation is a travesty, and nobody reads the stuff. I would very much like to see all significant legislation expressly state its Constitutional basis or bases. That might make it more difficult to pass -- as would have been the case with ObamaCare -- and should at least keep judges from doing what Judge Vinson properly declined to to, go foraging around in the constitutional thicket for some marginally credible basis.
9 posted on 10/15/2010 5:32:19 PM PDT by DanMiller (Dan Miller)
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To: DanMiller

Good! Total death to 0bamaCare. Every trace of it should be erased.


10 posted on 10/15/2010 5:33:24 PM PDT by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: tutstar
Photobucket
11 posted on 10/15/2010 5:34:07 PM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: DanMiller

I thought that revenue bills were to be originated in the House. Thia penalty or tax plus the tanning tax originated in the Senate.

Someone please clarify. Thanks.


12 posted on 10/15/2010 5:40:41 PM PDT by Joe Bfstplk
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To: DanMiller

It’s DOA. They can’t build enough jails to house all the people who won’t comply. These clowns need to be shown one big middle finger.


13 posted on 10/15/2010 5:41:59 PM PDT by VRWC For Truth (Throw the bums out who vote yes on the bailout)
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To: DanMiller

Fear: the appellate court will rule that a “penalty” in the context of this bill is really just a specific type of “tax,” notably an “income tax” because every American ultimately must generate some income to pay it. The “income tax” amendment overrides all preexisting constitutional provisions, so it can’t be overturned as contrary to the right to property. The income tax amendment already repealed that right effectively.


14 posted on 10/15/2010 5:42:47 PM PDT by dufekin (Name our lead enemy: Islamic Republic of Iran, Mahmoud Ahmadinejad, Islamofascist terrorist dictator)
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To: Joe Bfstplk

The Senate may amend tax bills from the House. In this case, the House of Representatives passed a special income tax on soldiers who own houses. The Senate amended this revenue-raising bill, appending Reid-care, to improve the bill, in the opinion of distinguished members of Congress. The House of Representatives, elated with the wisdom of the Senate, ultimately ratified their changes.


15 posted on 10/15/2010 5:45:16 PM PDT by dufekin (Name our lead enemy: Islamic Republic of Iran, Mahmoud Ahmadinejad, Islamofascist terrorist dictator)
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To: DanMiller

“roe to hoe” Cracked me up. First I thought of fish eggs—then...

Roe versus Spade


16 posted on 10/15/2010 5:50:08 PM PDT by SC_Pete
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To: dufekin

Anything is, of course, possible. However, Judge Vinson did an excellent job of distinguishing taxes and penalties so I think he did as best could be done to make that very difficult


17 posted on 10/15/2010 5:52:29 PM PDT by DanMiller (Dan Miller)
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To: dufekin

I read somewhere that the bill has to specifically state how the tax will be used: listing specific sources and uses of funds. Since this is by law a “penalty”, it did not have to clarify uses of funds. It is unquestionably a penalty since the law did not meet the definition of a legal tax.


18 posted on 10/15/2010 5:55:05 PM PDT by SC_Pete
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To: DanMiller

Any opinion that quotes Lewis Carroll is my kind of opinion. If you like solid, logical, legal writing, it’s well worth your time to follow the link in the cited story and read the whole thing. The “dude got it”.


19 posted on 10/15/2010 7:24:21 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: DanMiller
Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an “Alice in Wonderland” tack and argue in court that the Congress really meant something else entirely, thereby circumventing the safeguard that exists to keep their broad powers in check.

But that is precisely what the FDR administration did with Social Security Insurance - called it a tax in front of the SC, and sold it as Insurance too the people...

The great lib liar. I a shocked! Putting it kindly, these people truly do not know their head from their a$$hole.

20 posted on 10/15/2010 9:02:00 PM PDT by GregoryFul (Obama - Jim Jones redux)
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To: DanMiller
A judge with intellect and integrity!
21 posted on 10/15/2010 9:43:26 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: DanMiller

AMMO LIST

DEMOCRATS WAR ON SENIORS AND BUSINESS

How ObamaCare Guts Medicare
http://online.wsj.com/article/SB10001424052748703649004575437311393854940.html?mod=WSJ_Opinion_LEFTTopOpinion

Health law’s heavy impact by Paul Guppy (Taxes)
http://www.spokesman.com/stories/2010/mar/28/health-laws-heavy-impact/

Monthly premiums to rise for 7 of top 10 Medicare prescription plans in 2011
http://www.startribune.com/business/103642009.html?elr=KArks:DCiU1OiP:DiiUiacyKUnciatkEP7DhUr

Social Security: No 2011 increase expected (COLA)
http://money.cnn.com/2010/10/05/news/economy/Social_Security_cost_of_living_adjustment/index.htm

No Social Security COLA Expected For 2011 News Expected To Be Bad For Democrats
http://www.kptv.com/politics/25344443/detail.html

They forgot to add this to the “Rest of the Story”

http://www.politifact.com/truth-o-meter/statements/2010/jan/22/chain-email/chain-e-mail-says-congress-raised-own-salaries-whi/

Shall we wait to see how the media and the establishment Pubbies handle this one?

Harvard Pilgrim cancels Medicare Advantage plan
http://www.boston.com/business/healthcare/articles/2010/09/28/harvard_pilgrim_

Seniors’ coverage options dwindle as Medicare Advantage programs close shop
http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-advantage_22bus.ART.State.Edition1.3c912a9.html

Survey in New England Journal of Medicine 46% of US Doctors Will Quit Obamacare Passes http://www.associatedcontent.com/article/2798380/shocking_survey_in_new_england_journal.html?cat=75

ObamaCare has just made me Sicker!
http://www.nypost.com/p/news/local/manhattan/bamcare_has_just_made_me_icker_c1dBRZ6M3yuH27rAVnLsvN

In the notice, EmblemHealth told Gowland, who is healthy, “The proposed rate increase includes two components: a basic increase on your type plan and an increase due to the cost of enhanced benefits required by the new federal Patient Protection and Affordable Care Act.”

Mayo clinic stops taking Medicare patients
http://www.investors.com/NewsAndAnalysis/Article.aspx?id=517004

Principal To Cut Jobs, End Med Insurance Business
http://www.kcci.com/money/25224059/detail.html

Obama: We knew health costs would go up
http://thehill.com/blogs/healthwatch/health-reform-implementation/118079-obama-we-knew-health-costs-would-go-up

President Barack Obama insisted he can overhaul the U.S. healthcare system without raising taxes for anyone but the wealthiest Americans

The New Federal Wedding Tax: How Obamacare Would Dramatically Penalize Marriage
http://www.heritage.org/Research/Reports/2010/01/The-New-Federal-Wedding-Tax-How-Obamacare-Would-Dramatically-Penalize-Marriage

............................................................

1099: The Trojan Horse within Obamacare
http://palmettoinsider.com/2010/09/21/1099-the-trojan-horse-within-obamacare/

Repeal Obamacare: Small-Business Killer
http://www.humanevents.com/article.php?id=38496

Senate Expands IRS Form 1099 Reporting Requirement to Include All Rental Property Owner
http://www.cnsnews.com/news/article/75911

Paperwork nightmare: New 1099 mandate must be repealed
http://billingsgazette.com/news/opinion/guest/article_61e61666-bbc1-11df-b2c3-001cc4c002e0.html

Health care law’s massive, hidden tax change( 1099*s)
http://money.cnn.com/2010/05/05/smallbusiness/1099_health_care_tax_change/index.htm

Lost in Taxation, The IRS’s vast new ObamaCare powers.
http://online.wsj.com/article/SB10001424052748704518904575365223062942574.html?mod=rss_opinion_main


22 posted on 10/16/2010 6:42:42 AM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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