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Court Of Appeals Shoots Down Virginia, Liberty University Healthcare Argument

September 12, 2011 by  

Court Of Appeals Shoots Down Virginia, Liberty University Healthcare Argument

The 4th U.S. Circuit Court of Appeals ruled on Thursday in favor of President Barack Obama’s healthcare overhaul, saying that Virginia has no right to challenge the law’s mandate that requires most Americans to purchase health insurance. The court also shot down Liberty University’s preemptive argument against having to make additional payments for not complying with the healthcare law, according to POLITICO.

Of the Liberty University challenge, the court ruled that the legal challenge had come too soon.

“Because this suit constitutes a pre-enforcement action seeking to restrain the assessment of a tax, the Anti-Injunction Act strips us of jurisdiction. Accordingly, we must vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”

POLITICO noted that this is the first time that the penalties levied against non-compliers were referred to as a tax. The Anti-Injunction Act requires Americans who want to challenge taxes to first pay the tax and then ask for a refund. The court said Liberty can’t challenge the mandate until 2014. Obama repeatedly claimed the healthcare mandate would not equate to a tax on the middle class, although his lawyers have used the fact that it is to win their argument.

The court ruling in the case of Virginia absolved the Federal government of any wrongdoing in its push to require individual mandates for health insurance.

“When a state brings a suit seeking to protect individuals from a federal statute, it usurps this sovereign prerogative of the federal government and threatens the ‘general supremacy of federal law.’ A state has no interest in the rights of its individual citizens sufficient to justify such an invasion of federal sovereignty.”

Since the rulings focused not on the merits of the law but on the claims against it, Obamacare supporters have gained little in the ruling. And opponents are expected to play down the impact of the rulings, mainly because the judges were all appointed by Democratic Presidents — two by Obama himself.

 

 

 

 

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • tommy g

    THIS IS WHAT HAPPENS WHEN LIBO’S >> RUN YOUR COUNTRY > GO RIGHT AHEAD KEEP VOTING THEM IN LIKE NEW YORK/ CALIFORNIA / CHICAGO ILL. GANG OF CROOKS // THE BIG D.C. > WELFARE LIZARD CAPITOL OF CROOKS AND LAZY LIZARDS !

  • Sam I am

    States need to just do things which are against evil like this individual mandate. Requiring someone to purchase a product is unheard of evil in this country. The whole point of the free market is to allow consumers to make choice. By not giving them a choice, at the very least, the health insurance companies can essentially get away with the worst possible service and get paid to do it on possible pently of death by SWAT team raid. State’s still don’t get it. They need to just do things on their own and raise their middle finger to the government. The government will happily engage in a WACO to slaughter and burn children from a family that goes completely against the state, but might want to think twice before invading an entire state and starting Civil War 2. The locals in the state know the terrign beter than the Washington bean counters, and I would like to believe that our military isn’t all Nazi facists who will just follow orders. I would like to think that the majority of national guard or majority of US military troops potentially called in to lob depleted uranium rounds at people for not going along with the indidual mandate, would think twice before spreading radioactive death at innocent civlians. I would like to think anyway…..

  • tim

    If everybody has to have it, then that means that all the people who have gotten an exemption should have it too. F— virginia and thier court of liberals. Other courts have declared it unconstitutional, I smell bribes!!!

    • Bus

      Get the names of the judges.

    • s c

      Tim, you’re right to assume bribes, incompetence, coercion and just about all things negative when it comes to ‘healthcare.’ What Obummer has done is to see to it that union members are exempted from his “divine healthcare” scheme. That makes it even worse.
      The basic issue is whether or not Uncle Scam has any legal or moral right to FORCE Americans to buy healthcare. He DOES NOT!
      The great flaw in Obummer’s ‘reasoning’ is in the FACT that if Uncle Scam can force any American to buy ANYTHING (healthcare is merely the starting point), then the Constitution is DEAD, and we are left to our own devices to compensate for a government gone utterly mad. What it amounts to is 1) freedom and NO forced healthcare or 2) forced healthcare and NO freedom. There is NO middle ground, Tim.

      • Dan az

        sc
        Can you imagine if they had spent the three years trying to shove this down our throats and instead actually trying to fix the system we would have had a system that actually worked, instead we have attorneys still suing for the betterment of their own pockets and we have attorneys running the gubmnt to stop anything that comes there way that dosen’t line their pockets.Fox guarding the hen house.The states have the right and no judge can change that only delay it.Judges all so can be fired!

        • s c

          Dan az, most people who don’t have their heads rammed up their rumps know that the fake prez has no interest in ‘fixing’ the system. Have you seen or heard of a space cadet ultraliberal who has dared to ADMIT that the grand fakir waited almost THREE YEARS to even talk about a plan?
          Has anyone seen the damned thing on paper, or are we supposed to take it for granted that The Anointed Charlatan finally got someone to do it for him? Pick a topic, and Obummer is utterly clueless. His latest rant deals with teachers, cops and firefighters benefitting from the latest “job” crapola.
          Mr. Prez, you’re supposed to be concerned with NEW JOBS. How the ^#** can you DARE to say this and mean that, when you know FULL WELL that a truly concerned prez would be trying to put people to work at NEW JOBS! What the frick do they TEACH people at Haaavid?
          RESIGN, O Anointed Failure. Rahmbo needs you. Chicago needs you. America will rejoice when you’re GONE.

      • http://www.lp.org Jerome Bigge

        The US currently spends 18% of GNP on health care. The rest of the developed world spends about 12%. TWO THIRDS of what we spend! Obviously there is something wrong somewhere in all this! We have the world’s highest paid doctors, the world’s most expensive hospital system, the world’s most drugs produced by the world’s most profitable drug companies. Get the drift of all this?

        We are already spending far more than we should be spending…

        Obamacare will increase our health care costs further. To about 20% of GNP. THREE TRILLION DOLLARS A YEAR! Where is this money going to come from? Taxes are going to have to go up both in federal and state taxes. The deficit is likely to get worse. Unemployment will increase because more money will be siphoned out of the economy to pay for Obamacare. If you like the “Great Recession”, you’ll love the “Second Depression” thanks to Obama. Employers will be outsourcing more because of health care costs. Unemployment will go UP! More people will be on Medicaid under Obamacare. Guess who pays for Medicaid? You do! Then when you graduate from college with those big student loans hanging over your head, you’ll also have to start paying for a private health insurance policy. That will add at least several hundred more dollars a month to what you have to pay out. Means that you aren’t going to buy a new car. Can’t afford it! Looks like some of those auto workers aren’t going to have a job. With higher living costs everyone will have “less”. Thanks, Obama!! You really “screwed the pooch” this time. You’ve really destroyed this country. I suggest to any young person reading this to get as good an education you can, THEN EMIGRATE! Canada will welcome you. “Down under” will welcome you. You see, the US can’t control its health care costs. The rest of the developed world does, but we can’t do that. So eventually the country will go BANKRUPT! Like Greece. Or we could fix things. Two ways: One way is to do as the rest of the developed has done. National health insurance, usually supported by taxes or some combination of taxes and private payments. Or we could simply eliminate the professional monopolies. Repeal prescription laws. When you do that, people no longer need to see doctors so much. No yearly renewals. No more doing what the doctor wants, which are usually things that make more money for him or her. Gosh, maybe you don’t need such fancy health insurance afterall! Just a “major med” for the big stuff. Everything else gets a lot cheaper without the government enhancing medical incomes. Without prescription laws the doctor has to treat you like a customer instead of a patient. Difference between customers and patients is like the difference between a free person and a serf. Customers make the decisions for themselves. Doctors make the decisions for patients. That’s the real difference. Which would you prefer to have?

    • Christine

      The judge said that the state had no jurisdiction under the supremacy clause, but he is misinterpretting it. During the constitutional convention, Alexander Hamilton stated:

      “The laws of the Confederacy as the ENUMERATED and LEGITIMATE objects of its jurisdiction will become the Supreme Law of the land; to the observance of which all offices, legislative, executive, and judicial in each state will be bound by the sanctity of an oath. Thus, the legislatures , courts, and magistrates of the respective members will be incorporated into the operations of the national government AS FAR AS ITS JUS AND CONSTITUTIONAL AUTHORITY EXTENDS; and will be rendered auxilary to the enforcement of its laws.

      In other words, states do not have to follow the supremacy of any laws not under the enumerated powers.

  • eddie47d

    We all know Liberty U is a far right wing “think tank” so their opinion should seldom be the last word. I listen but respectfully decline much of what they have to say. A comparison would be Berkley who is more far left where a person should check out their theories and opinions but in the end know they are not mainstream America.

    • Kate8

      eddie – But you are okay with a far Left administration mandating such blatant violation of STATES SOVEREIGNTY.

      The courts have it backwards. It is the states who were given authority to act in the interests of their citizens. In other words, to PROTECT us from the overstepping of the federal government.

      But then, they are part of the criminal usurpation by the feds.

      Amazing how you Lefties always come down on the side of federal tyranny.

      • eddie47d

        Amazing how you Righties always come down on the side of corporate gluttony. Remember we tried that a few years back (very few)and that didn’t work out too well for us.Health care rose consistently over those years while private companies were at the helm.

        • http://www.lp.org Jerome Bigge

          Health care costs rose because the government prevented the free market from operating. Prescription laws, laws against importing medicine for your own use. I’m a Libertarian. I think you can see why. Obamacare does NOT reduce health care costs. It INCREASES them!

          • s c

            Jerome, what e refuses to think about (or explain) is Uncle Scam’s on-again, off-again hate of all corporations. If that was the case, then there would be no way for rogue, greedy, SOB corporations [like GE or the Fed] to get away with their non-payment of TAXES {GE} or the raping of America’s wealth by the Fed.
            GE is certainly a corporation, and whether or not e likes it, the Fed is also a corporation. People like e have a serious problem with what is politely known as a “selective memory.” It’s akin to a 3 year old brat demanding to seen as an Einstein. Either you are, or you’re not. In e’s case, all you have to do is scan his half-assed, childish comments.

          • eddie47d

            Your so kind SC in your “childish ” rants. You want to be so brave and sophisticated but you never quite get over the hump. In other words I’m very much aware that the government can be too big for it’s britches and that GE and Exxon and many other companies don’t pay taxes. Actually I believe that corporations should pay less taxes but CEOs should be the ones who get hammered. Corporations are brick and mortar and Executives are flesh and blood like the rest of us. Since they seem to act like thieves when it comes to exhorbant pay then they need to pay more than their dues to the USA.

        • Kate8

          eddie – Surely you know by now that I don’t support corporate insurers, or corporate medicine, either. I want them ALL out of my life.

          I just want the freedom to decide how I manage my own body. It boggles my mind that you lefties have a problem with that.

          BTW, this whole process with healthcare is upside down. Instead of allowing medical costs to continue to spiral out of control because of suit-happy lawyers and people looking for a windfall, not to mention mammoth pharmaceutical rip-offs, we should be looking for ways to improve health naturally and reduce costs.

          But this is not the objective, is it. Instead, it’s about corporate profits, which won’t change under O’care. Nope. The big boys at the top will still get their obscene profits. It’s just the chumps further down the food chain who will lose out.

          Healthcare is a criminal racket, Eddie. All the way around. I should have the right to reject it and opt out of this stupid healthcare sham, which is for no other real reason than to get us all on the control grid.

          Whether they “allow” me the right or not, I refuse to comply. I suppose I will suffer for that, but a line has to be drawn somewhere.

          • s c

            Kate8, how do you think e would respond if you asked him how it is that Medicare is properly categorized as an UNFUNDED liability? This is the same Big Mutha government that ultraliberal schizoids LOVE, but when it comes to pointing obvious flaws, they just can’t see a damned thing wrong.
            They just can’t get it through their concrete heads that Big Brutha Mutha is the enemy. If it wasn’t for stupid voters, retarded supporters and useful idiots, America would be a much better country.
            Before e or any of the other wingnuts get a chance to say it, yes, both parties suck, but when it comes to bigger government and government being “divine” and infallible, it’s NOT conservatives who make that half-assed claim, Kate8.

          • Kate8

            I hear ya, sc.

            Eddie has a way of ignoring the issue in question, anyway. Like a good little lemming, if it’s a liberal politician or program, he supports it.

  • jopa

    tommyg;Did you happen to notice what happened to this country when the Supreme Court appointed George W to be Prez.Today our great leader President Obama faces the biggest challenges ever put before an American President after all the pillaging and plundering of the past administration.

    • Brad

      Jopa,

      You mean your one and done messiaha, ya he’s getting the boot in Nov. 2012, you can bank on that. In 32 months this sitting President + administration and the at the time rat controlled congress has spent more in deficit spending then Bush II did in eight year’s. Then over half was caused by the rats in congress (07&08) so Bush’s numbers were sky high his last two years. So why is unemployment still over 9.1% and know Ohmama wants another 450 BILLION paid over 10 year’s, of course, no real means for paying the bills just add onto our backs to include our children and their children. Ohmama is really selling us down the road and most libs can’t open their eye’s wide enough to see the light; most libs won’t realize anything is wrong until its too late to do anything about it.

  • Elevenarrows

    Seriously, Eddie??? Why are you bashing Liberty U instead of commenting on the ruling itself? I suspect you would oppose anyone who opposes anything about Obamacare regardless of who they are. Why don’t you debate the merits or lack thereof of the healthcare policy itself?

    • Brad

      Elevenarrows,

      Eddie47d is just a tired old union man, brain washed with no real commen sence solutions to real problems we as Americans want for our country.

      • Kate8

        Because those running government are so far Left, radicals like eddie view anyone who is Christian and fights to uphold the Constitution as “far Rightwing”.

        The truth is, Liberty U teaches CONSTITUTIONAL LAW, and is one of the very few colleges left which stands up against the communist Left. I daresay they represent the views of common sense, freedom-loving Americans.

        • Kate8

          I know that no one here believes this, but Judge Roll was made an example of what happens when a federal judge rules against Obama. The rest of the world sees this. Why is it that Americans can’t?

          Yet another example of how, if the media doesn’t proclaim it, it just isn’t so.

          I’m curious to see if Congresswoman Giffords has had an attitude adjustment, since she and Judge Roll were collaborating to insist on adherence to the Constitution by Congress and the rest of government. Judge roll had just ruled against Obama in his attempt to commandeer people’s retirement funds. Where does this stand now?

          The PTB have a long history of eliminating those who get in their way. Does anyone seriously think this administration is above this type of thing?

          • 45caliber

            Kate:

            I know what you mean. I posted about a judge who made the IRS mad below.

            And there are over 50 deaths related to the Clintons. Fascinating, isn’t it?

          • Dan az

            45
            The last count I heard was 64 and thats if you count billybob and billyary together!

          • eddie47d

            Oh yes they are regular killing machines LOL. Maybe Bill’s penis is a dangerous weapon and can be accused of assult but murder?People in power attract other people who want power and Vince Foster’s death was ruled a suicide probably because he couldn’t rise to the top with the rest of them. Could ANY President authorize someones death? I believe so since Nixon lied and denied about Watergate.We (the American people ) had proof on that so I would like to see as much or more proof in a murder case. Not political innuendos!

          • http://?? Joe H.

            Kate8,
            eddie gets all of his talking points from his little grandson! That’s why he makes absolutly NO SENSE!!! his is all NON-SENSE!!!

          • JeffH

            Joe H., yeah and don’t forget his parrot. :) .
            My mistake, he is the parrot

  • Elevenarrows

    Jopa,

    I do not like what George Bush (or his father) did to this country; however, if you are going to sing the praises of the current administration, the rest of us here (except eddie and carolyn) will have to assume you love socialism and support the demise of freedom in America. Did you wander in here from the huffingon site? Just wondering…

    • eddie47d

      Blast way Elevenarrows. Jopa has been on this site for quite awhile and I have been here since 9/9/09. It looks like you made up your mind long before you arrived here while I had some Conservative leanings in ’09 they seem to be slipping away after listening to how some of the “conservatives” trash everybody. I’ve mostly tried to stay neutral while posting but unfortunately some of you have changed my mind and not always in favor of the conservative in me. Your loss.

      • Dan az

        tisk tisk eddie are you trying to claim seniority?That’s a union thing.
        And when did you ever in the last two years claim to lean right again?Come on eddie I would like to see one thing let alone being neutral about anything.All I’ve seen is you constantly blaming the Bushes or Reagan I thought you were over that by now.

        • eddie47d

          I took on Big Government back in 2009 but all I heard from you folks is abolish this and abolish that. You didn’t work with anyone or on any issue to change things for the better. You all remind me of a Freddie Cougar movie: always slashing and burning and trying to be so high and mighty about it. You love your extremes so live with it and too me that became a loss for your side. Brad at 9:29 said I was a tired old union man. Why because I proudly put in 40 years in the union and understand the good they have done? Yet you all (most) turned a blind eye to corporate power plays which have mauled America.I do think that Brad is the one with selective eyesight.

          • http://?? Joe H.

            eddie,
            WOW!!! you have a whole month more than me!!! I bow to your seniority!!! Wait, this isn’t a union crap shop, so you don’t impress me at ALL!!! go back to your babysitting!!

        • JeffH

          Well well! If seniority counts then I was here long before eddie and DaveH was here before I was as was eyes and denisso…no matter how you look at it…eddie’s a late bloomer and a liar because he’s never taken on “Big Government” as long as he’s been here. That’s a fact!

          • libertytrain

            JeffH I feel like such a newbie. I’ve got Sept. 21, 09 -

          • Dan az

            lebertytrain
            How do find out how long you were here?I don’t remember when I started. Is there somewhere that I could find it?I do know its been a couple of years but that’s it.

          • http://?? Joe H.

            Dan az,
            When you get the alerts, look at the top of the page you open. It will say “you have been a subscriber since….”

          • libertytrain

            hope you found it Dan – I feel like you all were here before me.

  • 45caliber

    Not a surprise at all. After all, what judge wants to get Oblama upset at him?

    I heard years ago about an IRS case. They wanted the judge to rule guilty – the judge stated that the IRS hadn’t proved anything so he ruled the other way.

    The IRS went to the judge’s tax accountant and had him deliberately mess up the judge’s tax return. When they took that to court, they ruled that the judge had known that the error was there because he signed the papers. He went to jail for ten years – the accountant admitted he’d been forced to do the dirty deed but received a payoff from the IRS.

    • http://www.aol.com Rayfrid

      If I was that tax accountant for the judge, I would not have them (IRS) intimidate me like that.

  • Brian

    Did every one read the whole article? This should surprise no one.

    “And opponents are expected to play down the impact of the rulings, mainly because the judges were all appointed by Democratic Presidents — two by Obama himself.”

    It would have been a surprise if they had ruled any other way. Let’s not get too worked up about this. The Supreme Court will have the final say.

  • No fool

    A perfect set up for a crime in the making. The next Republican president needs to fire all of those judges.

  • home boy

    next thing you know we will have to all buy a chevy volt.

  • simian pete

    Yup, we all going to have to buy medical insurance now ! HA HA HA!! I guess that’s what the voters wanted. You see the voters put Mr. Obama in office — and that’s what they get !

    I guess Liberty University ( a great college I might add !) was put in check by the Obama appointees. Amazing ! President Obama is a master politician. Like a game of chess he knows where and who is his opposition. Mr. Obama is 4 steps ahead of conservatives. We better bring the kryptonite next time !!!

    You got to admire President Obama’s political machine ..

  • jopa

    Elevenarrows;What part of Socialism in America don’t you like.Social Security, Medicare, Medicaid,our military, educational system,interstate highways and the list goes on.We already are living under Socialism so we may as well get used to it or perhaps there may be some other country in Africa, or we could move to Antarctica to get away from it.There is just so much denial of reality in America today.Believe it or not we already live under Socialism.

    • Brad

      Jopa,

      I have to agree with Chuckb and elevenarrows, we are living in a state of socialism generated by Ohmama and company and he’s curcumventing congress by executive order. He (Ohmama) would rather see G. Soros and the NWO replace our form of government and Ohmama named USSA “Union of Socialist States of America”. DO you want to live in a socialist state; I don’t, so go preach your form of hate somewhere else.

  • chuckb

    jopa, the first time you have stated it right, we are living under socialism and your messiah is moving it on to a communist state.

  • http://www.lp.org Jerome Bigge

    I can reduce health care costs better than Obama can. Better than anyone else can. REPEAL PRESCRIPTION LAWS. Three words, nothing more. Once we start breaking the professional monopolies, we can start taking our country back! Obama is a lawyer. Romney is a lawyer. Michele Bachmann is a lawyer. Ron Paul is a doctor. Pass a Constitutional Amendment that no member of the licensed professions can hold elective public office. This gets rid of a lot of the problems we have today. I like Sarah Palin. She’s not “perfect”, but I think her heart is in the right place.

  • 45caliber

    If you REALLY want to cut medical costs, make it illegal for a lawyer to sue unless he proves criminal intent.

    That would cut medical costs in half – at least. Back 20 years ago it cost a doctor friend of ours $10,000 a month in malpractice insurance since he was surgeon. I’d hate to know what a doctor has to pay now for it. And we patients are the ones who have to come up with the money for it.

    Texas used to have a problem keeping doctors but we passed a law restricting the payment to someone suing to actual costs plus no more than $100,000. The lawyers screamed – but we have doctors and the costs aren’t as bad as they are in other parts of the country now.

    • http://?? Joe H.

      45caliber,
      I read where, I believe, Mississippi did the same thing and costs have dropped drastically!!

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