Skip to comments.Ted Cruz sees legal landmines ahead for Obamacare
Posted on 12/09/2013 9:15:19 AM PST by xzins
Sen. Ted Cruz, Texas Republican who helped engineer a lengthy government funding stalemate earlier this year in a bid to block money for the new health care law, said many aspects of the Affordable Care Act are constitutionally or statutorily suspect and that the entire law should be repealed.
Democrats forced a government shutdown instead of agreeing to a congressional delay of Obamacare, but now the Obama administration is unilaterally delaying it, he wrote in his report. This undermines the rule of law.
In July, the Obama administration announced a one-year delay of the employer mandate requiring larger firms to provide health insurance to full-time employees. Republicans criticized the move as an attempt to implement an unpopular provision after the mid-term elections. Obamacare does not allow official congressional staff to continue receiving pre-Obamacare federal health insurance plans; instead these staff are forced to go through the Obamacare exchanges to purchase health insurance, he said. So just like average Americans, these individual congressional staffers will have to purchase a plan for themselves.
The outspoken freshman senator also said the health care law violates the Constitutions so-called origination clause, because it raises revenue but the bill did not originate in the House. Instead, he said, Democrats played a shell game by stripping out language from an unrelated House bill to replace it with the health law.
He also comes down on the side of plaintiffs leading two high-profile legal challenges to the law.
His report says the Obama administration infringed on business owners religious freedoms by forcing larger corporations to insure contraception, and that it violated the plain language of the health care law by extending premium subsidies to states that let the federal government run their exchanges.
(Excerpt) Read more at washingtontimes.com ...
Ted Cruz always talks sense and follows through without fear but when you have the attorney general and 3/4 of congress and Senate to protect you, I don’t get too excited.
What does Obama care about the law or even the Constitution? He believes that HE is the law.
I don’t. If we were still a Nation where the laws applied to everyone, yes. But since that is no longer the case and given Obama’s track record for pissing on the Constitution when it pleases him, I see no problems for Obama down the road. I wish that we were the same people we were even as late as 2004. If we were, that imposter would not be currently occupying the white House.
He is definitely a "lawless one".
If we could get ObamaCare into the Supreme Court again, I think it could win. Why?
Not based on the merits of the case, but based on:
1. Democrats realizing they could well save their party by getting rid of it.
2. Republicans realizing they could enhance their party by getting rid of it.
3. Conservatives realizing it’s actually not constitutional and they could save their nation by getting rid of it.
Getting it to the Supremes could well be the easiest way to get this monkey off their back.
Liberals own the courts, so legal or not, they will back Obamacare.
see post #7.
I’m not so sure any more.
All laws boil down to one thing. The people who enforce them must be will or able to do so.
Obama does not fear the law, or the courts.
Cruz is, according to many sources, a legal genius. I’m hoping he’s onto something.
I have also heard the 14th Amendment mentioned but I’m not sure what the argument is.
Good work, Senator Cruz. You are a national treasure.
This is a very big issue and goes beyond Obamacare. The principles announced will apply to the religious freedom of Christian businesses who are persecuted for refusing to cater to gay events they have religious objections to.
Glad to hear someone has confidence in the Supreme Political Hacks. I personally have no confidence in the judicial system at the Federal level at all.
Unless the media mysteriously turns conservative en masse, and/or Bambi's poll levels sink to close to 30%, this is unlikely to change. No challenge is likely to take this law out.
We have a mini tyrant, a totalitarian letist administration that is doing the will of an out of control political party, even the majority of their own supporters have no clue as to the evil they have voted in to power.
See post #7.
I have confidence in the hacks being hacks. If the dems see ObamaCare hurting them badly, Scotus is the quickest way to get rid of it FOR THEM.
No one that follows the decisions now made by the Courts has any confidence that they will follow the Constitution, My FRiend. They, along with the media have became another arm of the Democrat [Socialist] Party.
I’m thinking that ObamaCare is a huge mess, and when the cancellation letters go out by the millions when employer policies are declared unacceptable, then the democrats might see a tsunami election tossing them out of the Senate and the House with huge majorities.
If that is what the numbers start looking like, then I will not at all be surprised to see the libs in Scotus try to save their party from a bloodbath.
I can see those arguments, but I doubt it. They can’t have their Zulu chief’s centerpiece legislation of his lame assed presidency fail, no matter what.
voiding 0bamacare won’t save the dems.
They may think it will, but it won’t. They’re through.
We have to make the senate stand still to keep to a minimum the fed “judges” 0bama wants to put in.
Time is short.
Is there a law that says “contraception” is required?
If there isn’t, if this is just a suggested coverage by a bureaucrat writing regulations, then how can you possibly require someone to have something that isn’t already a legal requirement in an of itself?
It blinds them to any kind of truth, and to them, Bambi IS the truth. They will continue to circle the wagons for him. If the 2014 elections are a bloodbath and IF his polls hold in the low 30's, then they'll change their tune.
In the meantime he will continue his dictatorship, the dems will do incalculable damage to our country.
Pray for intervention and a renewal.
This is aremed revolution stuff and ain't NO one gonn'a risk their life .. especially when he or she would be labeled a whack job.
We should be ashamed.
Roberts folded his cards when Obama and/or Hillary(take your choice) found out he had pulled a shady deal to get two European ‘adopted’ daughters into the USA by getting them to go through South America. He was also photographed (copy on FR) going into a Bank of the Vatican (as corrupt as imaginable) on Malta with a briefcase. This was right after he made his infamous healthcare ruling. It appears one devious dealing followed another. Remember this guy was a Bush appointee and who would have thought a Bush would give more respect to a communist Mandela than to Margaret Thatcher.
Well, they're not seeing the tsunami quite yet .......
Democrats are breathing a sigh of relief over what effectively passes as a re-launching of the Obamacare website, with some lawmakers now expressing optimism that the healthcare reform law will fall to their political benefit.
Democratic office-holders like Sen. Mary Landrieu, of Louisiana, expected to face a tough 2014 re-election campaign, are once again embracing the Affordable Care Act.
I'm wondering what planet these folks are living on ... then again, they ARE Libs.
What's not Constitutional about it? It was passed by the US House, the US Senate, and signed into law by the US President ... exactly as Constitutionally required in Article I, section 7.
I put nothing past the crowd that is in power right now, they're a scary bunch.
I believe Justide Scalina wrote a dissent the last time around
Gotta get more coffee
I believe I posted ‘facts’ not ‘possibilities’.
There's a difference between "facts" and liklihood. I believe he was likely blackmailed, and likely over that issue. Doesn't make it a "fact"........
Jeff Kuhner is the morning talk show host on WRKO in Boston; he also writes for The Washington Times, through which he has his medical coverage (I'm trying to remember when usage switched from "medical insurance" and "medical care" to "health insurance" and "health care" -- was it around when HMOs came in?). He and all other staffers received a mass email a couple of days ago saying the paper was switching insurers to mitigate the financial hit of ObamaCare. I think he said his own premium was going up by $200/mo, and he probably can't keep his doctor. Hasn't examined the coverage yet, and if he said what the deductible would be, I missed it.
So maybe other employers are planning ahead too -- and will shortly be sending out those letters!
Obama, or VJ, would call friends on the SC and they’d vote to get rid of the law.
But the law only matters to those who do not have the power to ignore it. Obama has chosen to ignore the law, with few consequences.
I am rooting for Cruz, but the fact that he is a white male associated with the TEA party means he has little chance of being taken serious.
They are taking the hit now, not in October 2014. Most will forget the issues by then.
“Good work, Senator Cruz. You are a national treasure”
I agree, he definitely is a keeper!
Cruz: constitutionally or statutorily suspect
If Cruz was quoted correctly, his politically-softened comment questioning the constitutionality of Obamacare doesn't come close to Judge Andrew Napolitano's honest observation that Congress's constitutional Section 8, Article I-limited powers don't include public healthcare.
Constitution-ignoring Democrats and "Republicans" want an unconstitutionally powerful federal government.
They have voter fraud down. It’s over except by a Miracle of God. Sorry to bust it. It’s real, it’s happening and it’s a fact!
I read that to mean there are different aspects of ObamaCare and depending on which you're focusing at the moment, that it could violate constitution or statute.
I wonder if Cruz has studied the life of Mandela as much as he has studied the USA Constitution.
As I have said before I gave documented facts not ‘likelihoods’ or any other such phrasing.
We here in Texas accept all kudos for sending one of our brightest to help the rest of you
I think Roberts’ line of thinking may have been, you jerks in Congress wrote this POS bill, so you deal with the consequences. I’m not going to give you a bailout and a free pass. I have more sympathy for him the way things are working out. The nation is getting a much better lesson on how giant tax-and-spend bureaucracy works in practice now than if the court had shot it down. He also may not want to encourage Congress to write more “feel good” bills just to get votes that they expect the court to reject later and spare them from dealing with the messy, unworkable results of their utopian dream laws.
Go ahead, link me to your "facts". Or should I say likely and plausible conspiracy theories.........
It's really stupid for you to try to "prove" the theory that Roberts was blackmailed or call it a "fact".
I don't know what burr is in your saddle, I believe the theory is likely, think it's probably true, but what you are saying is nonsense.
I really don't understand how conservatives could lose that argument in the courts or public opinion. Would a catering service have to cater a KKK rally if they didn't want to? Would a computer programmer have to taken on a porn web site as a client? Since when does a business not have discretion on what type of events and subjects they accept a contract for?
Thanks for replying xzins. Noting that Chief Justice Roberts referenced the Gibbon v. Ogden case to help justify Obamacare, are you aware of the following excerpts from Gibbons v. Ogden which Justice Roberts seemingly overlooked, and which reasonably indicate that Obamacare is unconstitutional?
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. (emphases added) Gibbons v. Ogden, 1824.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
The way that I read Justice Marshall is as follows. The states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for public healthcare purposes, public healhcare a 10th Amendment-protected state power issue. Therefore, Congress cannot regulate, tax and spend in the name of intrastate public healthcare any more than it can make laws to regulate our 1st Amendment-protected freedoms. And I question why Cruz doesn't at least address this broader view.
If Obama's past statments are any indication, his arguments seems to be that the "free exercise" clause of the 1st Amendment merely protects the right to "worship" whatever God one chooses. He constatntly calls it "freedom of worship".