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Obama Administration In Court To Defend Healthcare Overhaul

June 9, 2011 by  

The healthcare overhaul is being challenged in court as unConstitutional.Acting Solicitor General Neal Katyal is headed back to court to defend President Barack Obama’s controversial healthcare overhaul.

Katyal will be in Atlanta at the 11th U.S. Circuit Court of Appeals to explain why the law, which was signed in March 2010, is Constitutional, despite the claims of 26 States to the contrary, reports Fox News. In addition, the news source reports that the largest small-business group in America also claims that the law is unConstitutional.

In January, U.S. District Court Judge Roger Vinson in Florida struck down the law, saying that the mandate that each individual in the U.S. purchase health insurance was unConstitutional.

“The act imposes a direct mandate upon individuals to obtain health insurance, marking by all accounts the first time in our nation’s history that Congress has required individuals to enter into commerce as a condition of living in the United States,” former Bush administration Solicitor General Paul Clement stated, reports the news provider.

Chief Judge Joel Dubina, Judge Frank Hull and Judge Stanley Marcus will hear the appeal of the ruling presented by Katyal, reports Reuters.

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  • http://burkecomputers.blogspot.com/ DanB

    We all know this is going to the Supreme Court. My only fear is that they will be able to “fix” the Supreme Court to get the ruling the administration wants by then…. I expect them to pressure at least one conservative justice to stay out of the judgment while leaving in all the progressive ones (including those that do have a conflict of interest). I want this unconstitutional law defeated, but I don’t believe it will be. Too many politics in this one. If it is defeated, perhaps those who want a dictatorship will be revealed for who they are….

    • Tom

      Concur…

      Very strange (or maybe not) that the court chosen would be in Atlanta, home of the civil rights movement.

      Is this a strategic move placating to the current president’s ethnicity? hmmmmmm, I wonder?

  • Warrior

    Let’s see. Is it a fee? Is it a penalty? No, it’s now a tax. Good thing the clown car doesn’t have a back seat.

    • Edith

      He is a dishonest SOB

  • http://ByGeorge By George

    Of course, if the 11th US Circuit Court of Appeals rules that the Pensacola Judge was correct, then Obamacare is constitutionally dead. By no means does it necessitate rising to the Supreme Court who’s only task then would be to decline reviewing the case because they affirmed the 11th Circuit courts ruling, was correct; end of case.

  • By Mike

    Obamacare must be defeated and ruled unconstitutional. This administration is doing everything it can to peck away at OUR CONSTITUTION. We must stop them and remove the plaque from the White House before it’s too late.

  • Charles

    The Progressives have knocked of the Liberals in this country and the Liberals are to dumb to see it. There are now Progressives on our
    Suprem Court and the Liberals who still consider themselves Democrats
    will vote right with them. Our country has fallen into the hands of
    Her Obama and his Marxist friends and with 75% of the people polled by CNN still in love with Obama how can he miss. The Progressives just
    like the 2008 election have out smarted the Republicans and I`m not so sure they didn`t out smart the Republicans in the 2010 elections knowing
    that even losing seats that they will win back in 2012.The Progressives knew the Republican leadership was weak in the rinos
    that did`t want to give up power to the new young Republicans and
    there would be a lot of infighting that they could take advantage of.
    John Boehner and his rino friends need to step aside and let the young ones take over the lead in the fight. Make Michele Bachmann the leader of the house and find 4 or 5 good canidates for President.Boehner
    and the rinos and Sarah Palin and Donald Trump should be spreading the
    message and raising money for the young ones.Boehner and the rinos
    need to know their is a place for them.They need to know that it`s not at the top anymore.They failed in the past and are failing now
    so move over before you fail again.

    • frontiersman

      scratch a ‘PROGRESSIVE’ and you will find a ‘LIBERAL’.
      only an idiot thinks there is a difference…….!!

      Our forefathers stated that our constitution and form of government could only exist with a moral and honest citizenry. If the citizens ever became otherwise then our form of government could not long stand. We lost that years ago. Any people that would vote in an ah-moral reprobate of a president like clinton deserves what it gets, and is past redeeming. I have given up on our government and have some hard questions about our citizenry.
      AFTER ALL IS DONE AND SAID WE ARE THE ONES THAT LET IT HAPPEN!!!

    • BigBen

      Charles,
      Hey pal. What do you mean by “young”? Young Republicans can be RINO too.
      Not all older people are RINO. It is the individual that lies, cheat and is deceptive to the GOP parties.

      Just like the Progressive Socialist hide in Democrats clothing and pass themselves as a Democrat. Those Dems actually believe they share the same Party Platform with Obama, when in fact Obama, a socialist shares a different platform from the Dems.

      We need to hunt down RINO and call them off. Expose them and replace all of them RINO with real GOP. If not, then go with the Constitutional Party. Check out their Party Platform.
      BB

  • Raggs

    Are any of these judges on the obama dole?

    • DeployedInfidel

      Elena Kagan ring a bell?

      The same lady who hid his ‘birth certificate’ for all those years.

      I’m sure she will be impartial to everything…

      • Raggs

        Yeah I know about her and the other missfit obama put in the supreme court, I was refering to the three judges that are looking at the case now.

  • eddie47d

    The Affordable Health Care Plan may or may not be Constitutional. Obama haters saying so doesn’t make it so and that part is just politics. Several groups have already opted out with a free pass and I believe that could be the unraveling more than a Constitutional issue. It’s already been watered down to the point where it could fall apart on it’s own or be ineffective. I know you all have your fingers crossed on that one.

    • Raggs

      The government forcing people to buy something, how can you possible see how that is constitutional?

      • Kate8

        Raggs – Liberals depend entirely on the courts to tell them whether a law is Constitutional. That’s why oligarchy’s are so dangerous.

        Constitutionality should not be left up to a judge, or even a small group of judges. As we can see, it’s impossible for them to be unbiased. They will rule according to their own ideologies and/or agendas, and they are also not immune to pressure.

        Having a judge say so one way or another doesn’t make it so. It seems that all of our branches are determined to twist and contort our Constitution to fit what they want, the people be damned.

        Even if a majority of folks actually wanted this to happen, they should not be able to FORCE it on the rest. Our Republic was made to protect us from tyranny of either majority or minority.

        O’care is unConstitutional on its face, for many reasons. All of these gyrations of moving up the courts is just an exercise to convince us to accept it in the end.

        I sincerely hope I’m wrong, and that the Supremes will do the right thing. From my observation of all that’s going on, I just don’t hold out a lot of hope that they will.

  • Ellen

    Obamacare doesn’t fix the root problem of escalating health care costs: our poor health. 2/3 of adults and 1/3 of kids are overweight/obese. Excess weight causes so many health problems and the associated costs are staggering. Add to this the over-vaccination of our kids and the foolish notion of an annual physical. Also, add all the people receiving free care whose cost must be spread somewhere. If we built our cars out of tinfoil and every car accident resulted in expensive payouts, our car insurance rates would escalate. If we built our buildings out of plywood, every storm would result in expensive payouts and our homeowners insurance costs would escalate. We eat chemicals and processed crap that lacks nutrition and we are unhealthy, so our health insurance companies make larger payouts and our costs have escalated. Somehow, the solution is to blame it on the insurance companies and pass that bill that will most certainly increase costs. Obamacare needs to be repealed. Any fool who continues to fight for it needs to be voted out because they obviously lack common sense.

  • BigBen

    Why can’t the Democrats realize that the Socialist Party actually infiltrated the Democrat Party?

    RINO needs to get lost from the GOP.

    There needs to be more Constitutionalists in public office.

    BB

  • s c

    How can anyone defend the indefensible? That’s easy. All you need is to have your head in the clouds and your head rammed up (or down) the nearest, comfortable orifice.
    In Herr Obummer’s case, it’s simply a matter of doing what your masters dictate. Logic, reason and common sense have NOTHING to do with it, folks. Of course, Herr Obummer’s lemmings will line up to defend and bless the idea.
    To them, anyone who doesn’t see B I G government as the answer to EVERYTHING is suspect and must be marginalized, ignored and PENALIZED.
    Well, up yours, comrades. If you want to commit economic suicide and
    put your kids and friends in chains, go right ahead. BUT, do it in a country where your sorry ASSES are wanted.
    How can ANYONE be so stupid as to think that government has any RIGHT to dictate what people must buy? THAT is INSANE! Aren’t you retards yet aware that Herr Obummer’s wannabe slavery is diametrically opposed to FREEDOM? You sleazoids have had many years to perfect your schemes, and you still can’t manage to have more than one foot grounded in reality.
    You’ve sold your sorry arses and your soul(s) for THEORY. Off – away to the nearest insane asylum with you. And take your pathetic prez with you.

  • JC

    “We’ll have to pass it to see what’s in it”

    THE HEALTHCARE BILL HB 3200

    THIS IS THE 2ND OFFICIAL
    WHO HAS OUTLINED
    THESE PARTS OF THE CARE BILL.
    Judge David Kithil of Marble Falls, TX – highlighted the most egregious pages of HB3200

    Please read this…….. especially the reference to pages 58 & 59

    JUDGE DAVID KITHIL wrote:

    ** Page 50/section 152: The bill will provide insurance to all non-U.S. residents, even if they are here illegally.

    ** Page 58 and 59: The government will have real-time access to an individual’s bank account and will have the authority to makeelectronic fund transfers from those accounts.

    ** Page 65/section 164: The plan will be subsidized (by the government) for all union members, union retirees and for communityorganizations (such as the Association of Community Organizations for Reform Now – ACORN).

    ** Page 203/line 14-15: The tax imposed under this section will not be treated as a tax. (How could anybody in their right mind come up with that?)

    ** Page 241 and 253: Doctors will all be paid the same regardless of specialty, and the government will set all doctors’fees.

    ** Page 272. section 1145: Cancer hospital will ration care according to the patient’s age.

    ** Page 317 and 321: The government will impose a prohibition on hospital expansion; however, communities may petition for an exception.

    ** Page 425, line 4-12: The government mandates advance-care planning consultations. Those on Social Security will be required to attend an “end-of-life planning” seminar every five years. (Death counseling..)

    ** Page 429, line 13-25: The government will specify which doctors can write an
    end-of-life order.

    HAD ENOUGH???? Judge Kithil then goes on to identify:

    “Finally, it is specifically stated that this bill will not apply to members of Congress. Members of Congress are already exempt from the Social Security system, and have a well-funded private plan that covers their retirement needs. If they were on our Social Security plan, I believe they would find a very quick ‘fix’ to make the plan financially sound for their future.”

    – Honorable David Kithil of Marble Falls, Texas

    All of the above should give you the point blank ammo you need to support your opposition to Obamacare. Please send this information on to all of your email contacts

    • BigBen

      JC,
      Interesting. I would not mind going to “end-of-life planning” seminar (Death counseling..), just once. As long as its free. However, to force anyone to go? That is wrong. Every 5 years? Geez. Would one be punish for not going? I think so. If one will be 90 years of age, then that person would have attended the seminar 6 times. To the Govt’s, anger, they just might put them up for extermination. Like the ‘Terminator’ movie.

      Let us hope the Congress will loose their “well-funded’ private plan. Soon.

      BB

      I do no

      • JC

        Hey Ben,

        I’d have some fun with it myself…
        for example it might be fun to start cleaning your .45 while sitting there and ask “Who’s life are we ending today?”, while staring at the government counselor. ;)

        Other than that, I don’t need a counselor to tell me that my government is throwing me away like garbage because I’m old and useless. I can figure that out by myself.

      • JeffH

        BigBen, I’ve been there, although not planed and my Doctor and the nurses said NO, wake up you dumba**, so I woke up, not wanting to be a dumba**! :)

      • BigBen

        Hey JC and JeffH,
        LOL
        Let us all wake up and get rid of those dumba**

        BB

  • Dan az

    This is one of four cases that will be heard by the Circuit Courts of Appeal before the Supreme Court takes up this case later this year. This case is particularly significant for two reasons. First, more than 20 states have joined this case opposing the federal law; one of the questions that the Supreme Court will have to decide is whether the states have standing to challenge the law. While the individual mandate clearly affects the legal rights of individuals, and while it involves substantial questions of federalism, it is not clear that the law directly infringes upon the legal rights of the states.

    Second, the Florida district court that heard this case struck down not just the individual mandate but the Affordable Care Act in its entirety. In other words, the district court overturned the judgment of Congress regarding a law that effects a dramatic change in how health care is distributed and paid for, affecting the availability of health care to tens of millions of Americans. No comparable federal law been declared unconstitutional since 1937 when the Supreme Court established a policy of deferring to Congress’ judgment about the necessity for economic legislation.

  • Bob from Calif.

    Something needs to be done about the “Commerce Claus” that is being used to override the protections given to us by the founding fathers. It seems to keep coming up where citizens rights are involved.

  • James Miller

    This would seem to fall under the term “nullification” which states to the effect that if a state decides a federal law is unconstitutional then by writing a law in the state legislature and the Gov. signing it, then the state doesn’t have to follow it. Look it up for yourself, so that you understand it.

  • http://certus-certus.blogspot.com Raymond Harbin

    THE AMERICAN PEOPLE ARE TRYING TO FIGHT A POWERFUL ENEMY– HE IS THE U.S. PRESIDENT, WHICH HANDS HIM THE EXTREME POWER HE YIELDS.

    THIS IS VERY MUCH A FIGHT FOR THE SURVIVAL OF THE HISTORICAL AMERICAN GOVERNMENTAL. HIS INDOCTRINATED RELIGION, IS A MIXTURE RADICAL MUSLIM AND A QUASI-CHRISTIAN, CHICAGO CHURCH, RESULTING IN A PRO MARXIAN. MAIN THRUST– DOMINATED BY RACISM; ESPECIALLY AGAINST JEWS.

    HE MAKES CLAIM TO GENIUS INTELLIGENCE, BUT HAS NEVER REVEALED ANY OF THE ESSENTIAL SIGNS AND CREDENTIALS. HE IS SHAMELESS WITH LIES AND DECEIT AND INORDINATELY ARROGANT. HE IS NONETHELESS, THE GREATEST DANGER TO AMERICA TO EVER SIT IN THE WHITE HOUSE.

  • JeffH

    Update on the Atlanta Obamacare hearings.

    “[The] judges did not give a warm embrace to the individual mandate provision of President Barack Obama’s health-care law,” reported the Atlanta Journal-Constitution.

    Also encouraging for opponents was the judges’ detailed line of questioning about “severability” in the law.

    Attorneys for the U.S. Justice Department countered that the program is constitutional, but they ran into skeptical inquiries from the panel.

    “If the individual mandate is constitutional, that wouldn’t be an issue,” said Karen Harned, executive director of NFIB Small Business Legal Center.

    “The bottom line is that the government couldn’t say where the individual mandate would end. They couldn’t answer the ‘broccoli question’ of what products we would be required to buy in the future,” said Karen Harned, executive director of NFIB Small Business Legal Center.

    “The judges went after them on that.”

    http://www.sunshinestatenews.com/story/court-grills-government-obamacare-mandate

  • C130 Gunship

    If this unconstitutional law stands when heard before the SCOTUS, then we will have in effect an ‘illegal government’ and therefore I and the rest of the country will have no obligation to follow any laws made by the feral government. This potentially could start another uncivil civil war. Federal employees that try to enforce the Obummercare laws, enforce the penalties will be in extreme danger and their families as well. Our last hope is with the SCOTUS, as all the Repub RINOs will not dump the law even if they gain a significant majority in the Senate in 2012 and the presidency. I think it may be time to expat, then perhaps come back after all the crap is over and cleared to rebuild a better nation than it currently is. The mulatto Mussolini has reduced the US Constitution to being available in 2-ply.

  • Verus Langham

    One thing is certain, Obama’s latest appointee to the highest court must be made to understand she of necessity recuse herself from the pool of justices when (not if) it comes before them. She was in on the inception of the bill now known as OBAMAscare – OOPs! She by any definition of the word was a co-conspirator in its birth and cannot deny the veracity of that claim… there is a broad spectrum of information already being viewed under the eyes of a good many legal experts who see the transparency of this fraud being perpetrated upon the American people. Both she and the associated agency from which Obama plucked her and then groomed her for this very occasion (i.e. the ultimate legal defense for his pet bill) should be tried for that criminal act of complicity to defraud (in the future).. should it ever come before the Supreme Court. This is well-documented and many of the emails (with many sections redacted to the general public) bearing traces to this issue are certainly hard-copy evidences of some sort of scull-duggery. They need to be ferreted out and made an example of. Then and if she does in fact recuse herself there will be only 8 members to decide the fate of this ill-advised and deadly piece of legislative workmanship that imperils our American way of life… for us and all future generations who will live in the new democracy of the left (republic be damned).

  • Charles

    Obama care was wrong..wrong… wrong..
    I just love the way it was suppose to save me money on my Insurance
    premiums. Mine went up from 576.00 to 776.00 a month at the beging
    of the year and along with the increase I also lost some benifits.
    I hate to see what the rest will bring by 2014. This is only to force every American under one plan except for the rich and the lawmakers.
    It is called Socialized medicine ran by the Marxist goverment we now have. If they keep going this will be a full blown Communist Country
    by the year 2020. The one way to stop them or slow them down is for the Republican House to stick by their guns and not raise the debt ceilling.
    This will stop Obama from getting the money to implement his social
    agenda or the funding of Obama care.Do the Republicans have the guts
    or will they put their tail between their legs and fold like they did
    on the budget. Is Pelosi and her gang of thugs to smart and tough for
    a cry babby (John Boehner) and his rinos.This is the reason we need Michele Bachmann as Speaker and some of the young gunds to stand up to these bullies. It`s time the rinos to step aside and go out and raise
    money for the young to fight the war against the Progressives.They need to do what is best for the country and party. They have failed as leaders, but they can play a most important roll in winning the 2012 electionby doing the work in fund raising.They need to leave their egos at home and do whats right instead of only thinking of themselves. The role for Donald Trump and Sarah Palin should be what
    Opera did for Obama, but on a larger stage.Put this altogether with all the rest of the weapons the Republicans have and you will have a well oiled machine.They need to have a complete research team to check out all of Obamas Friends and Advisors and czars, know every piece of dirt on them. They need to expose them for who they are and what they stand for. They need to know whats going on in Europe as far as the play into America politics.They need to know about Obamas
    plan to spread Americas wealth of whats left of it to the poorer
    countries in the world. What really went on in Copenhagen? We need a true leader to step forward and lead the RNC and not stand by while the Progressives fly down the road past them. It`s time to start now, not next year. We need to be ready to go on the offense by the the frst week in 2012 and smash these cockroaches like the bugs they are.

  • GregS

    If ObummerCare gets through the Supreme Court, and if Obummer wins in 2012, all hopes for repeal will be gone! ObummerCare will be placed in stone as an entitlement when it becomes fully implemented in 2014.

    Obummer MUST be defeated in 2012 by an opponent who will repeal ObummerCare. Even if that opponent is a RINO, I’ll vote for him/her!

    Repeal of ObummerCare will be my TOP priority when I vote for President in 2012!

  • http://www.lp.org Jerome Bigge

    Obamacare is nothing more than the US medical monopoly’s attempt to gain further wealthy by forcing everyone to buy overpriced health insurance to see overpaid doctors who enjoy monopoly power over the supply of medicine. Prior to 1938 there were no prescription laws. People went to their local drugstore, talked to the druggist, told him what their problem was. Usually the druggist had what they needed. But doctors didn’t like this because the druggist was taking away their business. So working through the American Medical Association (their labor union), they got the Roosevelt administration to pass a law that only doctors could prescribe medicine and that you needed a doctor’s prescription to buy medicine. This was a great deal for doctors as it boosted their incomes considerably during a time when many people were having a hard time surviving the Great Depression. Licensed professionals have known for decades that their wealth depends upon government enforcement of laws that create a monopoly that they can use to earn far more money than they would be able to earn in a true free market economy. Even “vets” (animal doctors) now enjoy the benefits of prescription laws, which is why you need to have a vet’s prescription to buy heart worm pills for your dog or cat! So the same income enhancement laws that doctors and dentists enjoy also apply to vet’s. This is of course a good thing for them, but a bad thing for the rest of us. Only the Libertarian Party (www.lp.org) opposes this monopoly.
    Join with me and other Libertarians to regain the freedom that Americans once enjoyed before the greedy professionals took it away!

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