Monday, January 31, 2011

Executive Branch Overreach: Obama Regime Snubs Federal Judge Who Found Obamacare Unconstitutional

Could we be on the verge of the biggest Constitutional crisis in American history?

A Federal Judge overturned all of the Obamacare law as "unconstitutional," and yet the Obama Regime says full speed ahead on implimentation of the law.
ABC News' Sunlen Miller reports: Senior White House officials called today’s ruling striking down the health care law “an outlier” and are confident that it will be overturned on appeal.

A federal judge in Florida struck down the Obama administration’s health care law ruling that because a central provision of the law is unconstitutional the rest of the law cannot stand without it. Judge Roger Vinson of the Northern District of Florida ruled that the individual mandate -- which requires individuals to purchase health care by 2014 or pay a penalty -- "exceeds Congress' commerce power."

...Stephanie Cutter, Deputy Senior Advisor to the president, issued a blog statement pushing back at the judge’s ruling that Congress cannot force individuals to buy health insurance. She said the Constitution authorizes Congress to regulate commerce.

"Individuals who choose to go without health insurance are actively making an economic decision that impacts all of us," she wrote. "As Congress found, every year millions of people without insurance obtain health care they cannot pay for, shifting tens of billions of dollars in added cost onto those who have insurance and onto taxpayers."
But the judge, in a wise move, used Obama's own words against him:
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’”
Besides, people who don't have insurance are liable for their coverage, Ms. Cutter, it's called being billed for services. Of course, there's always the case of illegal aliens who come across the border for health care and have placed many hopsitals out of business.

David Axlerod, who always looks like he finished combing his hair with a pork-chop, commented that the judge's interpretation of the law was "very dubious," while admitting he is no lawyer.
In an interview with The Huffington Post, outgoing senior adviser David Axelrod accused Judge Roger Vinson of judicial overreach for concluding that the health care law's individual mandate was both unconstitutional and not severable from the rest of the legislation -- meaning the entire law had to be tossed.

"I'm not a lawyer," said Axelrod, from a makeshift office in the West Wing. "But I will tell you that I think that many lawyers are very dubious about that. The role of the courts is not to look for expansive opportunities to invalidate an act of Congress -- it is to rule narrowly as possible and leave intact the intent of the legislation. So I'm sure that will be a matter of intense discussion and debate as this case moves forward in the courts."
No, this is a case of Executive Overreach, and we've seen this before. Last year, a court overturned the Obama Regime's drilling moritorium in the Gulf, only to have that drugstore cowboy Ken Salazar write another, which was promptly thrown out again. Here, they're doing the same thing, defying a federal judge who did (according to the legal experts I've seen) say an injunction against the law was uneccessary because the whole law was unconstitutional.

What is going to be the end result? Is this regime willing to defy a federal court and place themselves in contempt?

1 comment:

katthedley said...

Many people says that Obama is worst compared to Bush. well i don't want to believe them but i hope its not really true.