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To: Ray76

It’s always best to read the law directly.

http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/html/PLAW-111publ148.htm

Do a FIND on 1311 and 1321 and read and study.

No court is going to overturn Obamacare based on the wording inside this trash. The law professor you quoted came out with his objections in 2011 when many were scouring around to find any pretext to overturn it. Since then, it has become a futile effort to condemn the law based on a few spots here and there of ambiguous language.

It is far more important to focus energies on real threats rather than raise false hopes that some lawsuit based on wording is going to derail and destroy this monstrosity of a law.

The fact is that Obamacare is imploding. Support is rising for the its opposition among republicans, independents, doctors, medical professionals, employers and millennials. Obamacare has become a pariah nearly all on its own with the initial help of conservative champions Cruz and Lee.

The lawsuits filed against Obamacare are ***weak*** and when they fail they detract from the discussion of why Obamacare is wrong for America. The strong lawsuit was the one that Roberts ruled for/against. Roberts heard the ‘tax’ argument which was a replay of steps taken during FDR’s social security fight in court. FDR was saying Social Security was a mandated pension annuity fund TO THE PUBLIC while his lawyers argued in court it was a tax. This was pointed out in late March of 2010 by Rush Limbaugh, myself and other Freepers while the bulk of conservatives chased after the red herring called the Commerce Clause. My opinion is that this all stems from the 16th Amendment of 1913. FDR’s Social Security push was 20 years later and at that time the socialists also wanted healthcare redistribution for all but they realized it would have to be shelved until later and later was 70 years later. And all during those 70 years the push for government run healthcare was never dropped from their political discussion. Then along comes a community organizer surrounded by thugs from Chicago and they ram government healthcare down our throats. That was how they decided to finally get it through after 70 years. It’s all in recorded history.

The lawsuits coming now are ***weak***. Why?

EXHIBIT 1: Take the lawsuit based on the origination clause. It is touted as the strongest going forward now but it is very weak. It pains me to say it but I repeat IT IS WEAK. Why?

Many think Obamacare did not come from a tax bill originating from the House but that is false. The original bill was a tax bill, it just wasn’t a healthcare tax bill. It was a veteran’s homeowner tax relief bill that the devious criminal minded leftwing radical Senate democrats gutted in its entirety and inserted Obamacare. YES THIS WAS AN OUTRAGEOUS ACT! And if the matter stopped at this point, then there would be hope for the lawsuit because the lawsuit rightly points out that the House never intended that this veteran homeowner bill would become Obamacare. But....

So why is it weak?

Because the gutted veteran tax bill that was inserted with the Senate’s Obamacare bill CAME BACK TO THE HOUSE in reconciliation and Pelosi ‘deemed it passed’. IT CAME BACK! A Judge has to see that it went back to the House and the House passed it; ergo the House approved. Result: lawsuit is dead, DOA.

EXHIBIT 2: The ‘State Exchange Lawsuit’, the one that is the subject of this thread.

The language is NOT CLEAR and the boundaries between Federal and State powers is equivocal. You can take it to the bank that a court is not going to get in the middle of how Congress and the Executive branch administer law among states and federally supported ‘Co-ops’. It says the federal government can setup an exchange if the state won’t do it and they can do it in the name of the state because the language is clear that the feds will setup a non-profit to run an exchange for the state. Ergo, it becomes a de facto state exchange run by non-profits and not by the federal government. Read Sections 1311 and 1321. Result: Lawsuit is DOA.

THE POINT IS NOT TO SPREAD FALSE HOPES AND RAISE UNREALISTIC EXPECTATIONS. THE ARENA TO FIGHT IN TAKES PLACE AT THE VOTING BOOTHS AND WILL START ***NOW*** FOR THE ELECTIONS OF 2014.

For those that have been around for awhile, they will have heard from past elections over and over again that “this election is the most important election bla bla bla” but this time it’s for real. This election is no child’s play. Why? Why is the election of 2014 the most critical of all previous elections?

Here’s the facts:

1. Civil War within GOP.

2. Primary opponents to GOP House Speaker and Senate Minority leader. Incumbents AKA ruling class have been blindsided and have cast their lot to fight the Tea Party.

3. Boehner is pissed off and has hired McCain’s amnesty hack. Boehner is compromised and will go to prison (I believe) if the Obama thugs move on him, and he knows it. This is Mafia people; this is not the American way, this is the Chicago way.

4. Boehner will ignore the Hastert rule and ram immigration reform down the throats of the American people, piecemeal or otherwise. He is a sellout and they have something on him that will send him to prison, probably a campaign cash misappropriation of some sort. NSA? Hell yeah, they got the goods on him. They will TOM DELAY him.

5. How long will it take 11 to 20 million illegal aliens to become US citizens? About 3 to 5 years. How long will it take them to register to vote? About 3 to 5 WEEKS. Will lack of citizenship stop them from registering? Let me ask you this, did a border and a country’s laws stop them from illegally settling? I know Mexicans. I can guarantee you they will be registered in time for the 2014 vote.

This is the play people. It’s the immigration reform bill that should be fought with every ounce of passion and fervor left in any person that loves America.

FIGHT THE IMMIGRATION REFORM BILL! Do not kick back and table talk about these weak ass lawsuits. They are not going to save America, not even close.

We should all be students of Stephen Sharansky and the vote fraud of the 2005 governor election in the state of Washington:

http://soundpolitics.com/archives/2005_04.html

Read and study the archives. There should be a book, or a manual. I don’t think there exists one but it would be handy to have one. But we have the archives. In these archives you will find how county election offices are under control of criminal democrats and even prison convicts! Convicts on parole are hired to bring ballots to mail rooms!

Wake up and see what’s coming. Ask yourself how you can personally combat illegals from registering to vote! How can you do it? And you must challenge it BEFORE the elections, not after.


55 posted on 12/04/2013 6:50:50 PM PST by Hostage (Be Breitbart!)
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To: Hostage

I did not quote a law professor, but an article in the Wall Street Journal. I also provided the link you now post.

Section 1311: state-run exchanges, Section 1321: federal exchanges

Section 1401: premium assistance

Section 1401 pertains to Section 1311 state-run exchanges, it does not pertain to Section 1321 federal exchanges. The law is clear on this.

H.R.3590, Service Members Home Ownership Tax Act of 2009, “An Act To amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes” did not raise revenue, it extended the time period of an existing tax credit.

Here is a link to H.R. 3590 as received and read in the Senate and placed on the calendar http://www.gpo.gov/fdsys/pkg/BILLS-111hr3590pcs/pdf/BILLS-111hr3590pcs.pdf


56 posted on 12/04/2013 7:34:44 PM PST by Ray76
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