Government

Obamacare On Trial: TX A.G. Explains The Case Going to the Supreme Court

On Monday, the Supreme Court announced that it would hear the case against Obamacare. Texas lead the charge of twenty six Attorneys General from states all across the country that have filed suits to block the legislation.

Syndicated radio host Joe Pagliarulo (Joe Pags) spoke with Texas AG Greg Abbott on Monday and Mr. Abbott explains what all of this means to the states hoping to roll back the 2,700+ page law signed by the President on May 23, 2010:

(H/T: Joe Pags)

 

Comments (40)

  • carbonyes
    Posted on November 15, 2011 at 6:15pm

    Here’s one for you folks. Probably the best litigator before the US Supreme Court is one 45 yr. young gentleman named Paul Drew Clement, who has argued the most cases before the Supreme Court since the year 2000 – 54 to be exact. we have the best. He was also engaged by John Boehner to defend the Defense of Marriage Act when Obama and Holder refused to do so. Needless to say Nancy Pelosi was infuriated. Too blasted bad Mizz Nancy.
    Mr. Clement also served as Solicitor General under George W. Bush and is known as the Lebron James of Appellate firm recruiting. He is a man of great impeccable integrity with superior legal skills.
    Pray for his protection and unfettered application of his abilities and favor before the Supreme Court.

    Report Post »  
  • DoctorRon
    Posted on November 15, 2011 at 4:39pm

    How long will it be before one of the conservative justices takes a “Chicago vacation” (like Jimmy Hoffa) and Obama has to appoint a replacement?

    Report Post » DoctorRon  
    • carbonyes
      Posted on November 15, 2011 at 6:18pm

      That is one good reason to pray a hedge of protection around the conservative justices and bind the enemy who would come to kill, rob and destroy. The stakes are that high.

      Report Post »  
  • gmoneytx
    Posted on November 15, 2011 at 4:35pm

    I just love Joe Pags, listen to him every morning driving to work in Houston…GET OFF THE PHONE!

    Report Post » gmoneytx  
  • Dismayed Veteran
    Posted on November 15, 2011 at 1:48pm

    I love exceutive orders since it only takes a stroke of the pen to abolish it. Wouldn’t be great if our next POTUS just abolished all of the executive orders?

    Report Post » Dismayed Veteran  
  • sapper
    Posted on November 15, 2011 at 1:36pm

    let me inject a little common sense to the discussion. First of all Executive orders have no weight of law outside of Federal Jurisdiction. That means land that they OWN or territories. Peurto Rico, Guam, Phillipeans, DC, national parks, etc. Down the road here in Houston a Presidential Executive Order is meaningless…..literally not worth the paper it’s written on. Secondly, the House of Reps controls the money, the court’s jurisdiction and the power to remove judges and presidents from power. While the President is Commmander in Chief it’s actually congress that controls the military during peacetime. If congress doesn’t like Obamacare they can simply repeal it or defund it. If Congress and the President agree to keep Obamacare it doesn’t matter what the court thinks. The court has no power of enforcement. Contrary to seemingly popular opinion, law enforcement works for the Executive branch, not the courts. This is the system of checks and balances. No one branch holds all the power and the founders specifically meant for them to ALWAYS be at odds. By the way the senate has NO control over finances of the country. Finance is strictly the purview of the House. People need to retake Government 101. That said, the final arbiters are we the people. If the government gets tyrannical, well….the founders left us the second amendment for that situation…….

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    • JRook
      Posted on November 15, 2011 at 4:04pm

      You might want to consider the same …“The Supreme Court often insists that Congress cannot really ”overrule” its decisions on what a law means: The justices’ interpretation has to be correct
      since the Constitution gives final say to the highest court in the land. But
      Congress certainly has the power to pass a new or revised law that “changes” or
      “reverses” the meaning or scope of the law as interpreted by the Court, and the
      legislative history of the new law usually states that it was intended to
      “overrule” a specific Court decision.” Congress and the President can revised the law they cannot ignore the SC’s decision.

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    • dbs6
      Posted on November 15, 2011 at 8:09pm

      you should look at the case, the outcome, and the result of the outcome that Murbury VS Madison, and any of the supreme court cases with Marshall. these cases allow that the supreme court to throw out any law or bill that they deem unconstitutional, with their power of checks and balance.

      Report Post »  
  • lukerw
    Posted on November 15, 2011 at 1:00pm

    WHAT? Kagan, who has already opinionated upon the case… has not Recused Herself?

    Report Post » lukerw  
  • Randy
    Posted on November 15, 2011 at 11:48am

    We are possibly seeing the beginning of the end of what we know and cherish, if BHO is willing to surpass congress, what do you think he will do with the supreme court. If he thinks that he can not get reelected he will usher in his supremecy through FEMA, DHS, and some convoluted crisis such as the Occupy movement being a threat to democracy and institute martial law. As FEMA says “be prepared”

    Report Post »  
    • Rothbardian_in_the_Cleve
      Posted on November 15, 2011 at 11:57am

      I hope so. Our side needs a moment to get people off their duffs. Institute martial law. I will not comply. Hopefully millions of others will join me. If not? Well you’ll read about me being gunned down in the morning edition of Pravda. Enough is enough. Either we are free people or we are slaves. To those who hope the SCOTUS saves us and when they don’t you simply sulk away…may your chains rest lightly upon you.

      Report Post » Rothbardian_in_the_Cleve  
    • jjoy
      Posted on November 15, 2011 at 12:10pm

      The “house” RINOs have a SUPER-majority… They could stop obama if they had a set of b@lls…

      Report Post » jjoy  
    • Libertarian B 4 Libertarians Were Cool
      Posted on November 15, 2011 at 12:10pm

      Agreed, the government is now completely rogue. They treat the Constitution like toilet paper, and us like vassals.

      Report Post » Libertarian B 4 Libertarians Were Cool  
  • Rothbardian_in_the_Cleve
    Posted on November 15, 2011 at 11:42am

    Question to the posters on here. If the SCOTUS rules it constitutional. Are you going to obey the law?

    Furthermore, if people refuse to obey it and organize a resistance are you going to cheer when the state carts them off to jail for not paying/participating?

    Report Post » Rothbardian_in_the_Cleve  
    • TunaBlue
      Posted on November 15, 2011 at 12:11pm

      It will never get that far. In 2012, Republicans will own Congress and Obamacare will be completely defunded from top to bottom. Additionally, the bill itself will be dismantled piece by piece and replaced with a free-market solution.

      Report Post »  
    • Rothbardian_in_the_Cleve
      Posted on November 15, 2011 at 12:15pm

      @Tuna,

      Wow. I feel bad for you. It‘s going to be tough when you realize you’ve been had.

      Report Post » Rothbardian_in_the_Cleve  
    • OniKaze
      Posted on November 15, 2011 at 12:27pm

      No, I have no intention of buying something just because the Obama’s said so. Cuff me, and Jail me, and then the federal prison system can pay my healthcare. In the end I will not pay for health insurance. I have not been to the doc in over 10 years, and I am not about to pay a monthly stipend to continue to NOT go…

      OBAMA GET YOUR HANDS OUT OF MY POCKET!

      Report Post » OniKaze  
  • ONE PERCENT
    Posted on November 15, 2011 at 11:41am

    The key is if severability clause might be used, If they are able to take the individual mandate out and leave the rest alone, we are in a very big hole. The employer mandate to provide insurance or pay a fine is the major part that will determine if we have universal healthcare. The BO admin. knows that the individual mandate is what most of those against the bill are having a fit about, but they will willing let that go, because if they are able to keep the rest, they will still have what they want, universal healthcare, simply because it will be an automatic that the employers will drop the policies that they provide and pay the fine , $2000 at present, This will be explained by the fact that the government will have a plan that is better then they can afford for the employees, and the fine is only a fraction of what it would cost them for an inferior plan. The admin. wants premiums to go sky high just so they are the “logical” option for all of their children, I mean citizens to come to. The need is for the “Total” bill to be deemed unconstitutional, anything short of that will make it even easier for the BO admin. to get where they intend to go ……

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  • HorseCrazy
    Posted on November 15, 2011 at 10:57am

    I have no faith we will see justice on this. one way or another the demcraps will get this thru again even if the court dismisses the mandate, if not this time then the next. they will not stop until they completely ruin our country

    Report Post »  
    • Rothbardian_in_the_Cleve
      Posted on November 15, 2011 at 11:45am

      Dude, the only way this is stopped is for people to refuse to comply…en mass. They know this too. They’re counting on 300 million sheep. I‘m guessing they won’t be disappointed.

      They only way this ends is for the WHOLE THING to come down. People are asleep on the Soma of American Idol, Target, and big government. It is going to take a collapse of the dollar and the economy for people to get slapped awake.

      Report Post » Rothbardian_in_the_Cleve  
  • thegrassroots
    Posted on November 15, 2011 at 10:48am

    If the supreme court refuses to rightly represent “We The American People” — when BHO and minions and lemmings are all fired in 2012, America will get the fun of repealing and replacing obamacare and dismantling everything else BHO.

    2013 Will Be A Good Year For America, while BHO goes down in history as the biggest mistake America ever made and recovered from.

    God Bless America! In Jesus’ Name!

    Report Post »  
    • ashestoashes
      Posted on November 15, 2011 at 11:01am

      Obama is now starting the Occupy in our military..to turn this country from Capitalism..He is trying to get Obama care passed , if not then most likely by executive order..If this happens..the ones not paying the $1500 a year fine will have liens placed against property..We need to start a counter effort via Community Organizing,, two can play that game…Revolution…

      Report Post »  
    • STS2_SS_Iver
      Posted on November 15, 2011 at 11:19am

      Amen!!

      Report Post » STS2_SS_Iver  
    • Rothbardian_in_the_Cleve
      Posted on November 15, 2011 at 11:55am

      @AshestoAshes,

      I agree in part. The state will not voluntarily go away. I agree too that they will try every trick to intimidate us. I also agree that we need to organize. HOWEVER, when they take your house and your assets how do you “fight back”? For some reason, those of us who are lovers of liberty and wave Gadsen flags forget the whole point of that flag. What is on that flag…a snake or a sheep? We are armed to the teeth and truth and justice are on our side. Until we take a stand (an armed one) this isn’t going to get better.

      Yes, we need a revolution. We need to organize militias to protect the rights of citizens against the state (modern version of King George). When they come for your house and a muster of militia men are standing in the yard we’ll see who gets in their car and drives away. Until we get to that point the state will grow, freedom will wane and what is yours will become more and more what is “ours”.

      The choice is ours. We have to decide to make that stand. If we hide in our living rooms and watch it happen to our neighbors and say nothing and pray it doesn’t happen to us….well, we get what we deserve.

      Report Post » Rothbardian_in_the_Cleve  
    • TexasHunter
      Posted on November 15, 2011 at 12:43pm

      @ Rothbardian_in_the_Cleve I agree with you 100% and I am asking the same questions. We the People need to organize, have meetings and prepare for the worst encase it does happen, otherwise it will be every man for them self. This would make a easy take over if we do not form a group to protect our rights. The time is now. The question is where do we start organizing. I will fight with you to the end just tell me where to go. Someone has to step up and do this. Let it be you or I.

      Report Post » TexasHunter  
  • paulz83toy
    Posted on November 15, 2011 at 10:39am

    No matter what they call it, it would be another drain on the working middle lower class of people in this country which can not come at a worse time.Plus from what I have read I dont need the government making end of life decisions for me or my family or having free access to any accounts I may or maynot have. The founding fathers were definately limiting goverment when they wrote the connstitution and we need to get back to that for that is what made this country great.

    Report Post »  
  • DrFrost
    Posted on November 15, 2011 at 10:16am

    The government has gone far FAR beyond the powers the constitution granted them. Their justifications for doing so invariably invoke the “for the general welfare” clause, which could literally be used to justify any action that saw as beneficial or the “constitution must be interpreted in a modern setting” argument. Both are patently ridiculous. If anything is clear from the federalist papers and from the many writings of the founding fathers, the constitutions main purpose was to LIMIT GOVERNMENT. To argue that they intended any part to be used as an argument to expand the powers of the government requires that you completely ignore the whole point of it’s existence. And to argue that it needs to be “reinterpreted” is just another way to get around the limitations it puts on government. The constitution has an outlined method for changing it, but it requires the overwhelming will of the congress AS IT SHOULD. Changing a contract should always involve the consent of everyone involved and the constitution is nothing more than a contract between the government and the governed.

    Report Post »  
    • @leftfighter
      Posted on November 15, 2011 at 10:36am

      What’s tremendously stupid is, the Left would say “well, the nation is much larger now and we need to expand upon the meanings of what was written using the General Welfare Clause to write more into what was originally there.”

      The Founders said: There will be people who say “well, the nation is much larger now and we need to expand upon the meanings of what was written using the General Welfare Clause to write more into what was originally there,” and this will be the making of an absolute tyranny.

      Then you show those words to the Left and they’ll either say: “that’s preposterous,“ or ”so?” These people disgust me.

      Report Post » @leftfighter  
    • AvengerK
      Posted on November 15, 2011 at 10:50am

      Realistically…the Supreme Court will not find the whole law unconstitutional. Likely it will find parts of it unconstitutional. Hopefully one of those parts is the individual mandate. Without the individual mandate Obamacare loses an important revenue mechanism thus making the much touted CBO calculation (I say calculation because the CBO is not an analytical body, it’s a calculator) that makes it “deficit neutral”(I know..stop laughing) null and void. Now…when Obama was selling the individual mandate before the law was contested, he maintained that it was not a tax. Since the court actions…he now says it’s a tax. This is to try to insinuate it into the powers of the commerce clause that’s been stretched and mangled beyond recognition in this bill. So with luck, the Supreme Court will excise the individual mandate from the bill..leaving the legislation and Obama floundering in an election year. The law becomes moribund and impotent at that point. Then it’s simply a matter of a GOP President and Senate in January 2013 delivering the coup de grace and repealing the abomination.

      Report Post »  
  • ashestoashes
    Posted on November 15, 2011 at 10:09am

    The American people will never accept this and I hope the judges know this..If they don’t..I hope that they know that it is possible to remove them from their positions and it will happen..one way or another.

    Report Post »  
    • Snowleopard {gallery of cat folks}
      Posted on November 15, 2011 at 10:11am

      I hope Obama care goes down in flames completely; the fact is I expect Mr Obama to go around the Courts and Congress when it falls and just decree via executive order and regulation to reimpose it on the people.

      Report Post » Snowleopard {gallery of cat folks}  
    • your sensei
      Posted on November 15, 2011 at 10:17am

      assestoassess . . . the don‘t care because they know it won’t happen. You are impotent. The days of revolution are over. You’ve been hypnotized. They won.

      Report Post » your sensei  
    • cemerius
      Posted on November 15, 2011 at 10:23am

      Yep!….

      Report Post » cemerius  
    • cemerius
      Posted on November 15, 2011 at 10:25am

      @Snow We can only hope he does! His executive order privlidges would be revoked with a totally I gotcha moment of violating the Constitution and then the Oaths of offcice will come into play!! I would be all for his impeachment 2 months before he is thrown out of office for the fraud he is!!!

      Report Post » cemerius  
    • TexasHunter
      Posted on November 15, 2011 at 12:59pm

      SENSIE- Will be in a corner covering up with a blanket when the revolution happens. He/She does not realize it will not be just Ashes to Ashes standing to confront the enemy within. There will be a Army of men and women ready to take this country back if our rights get beaten on any longer. Take Back America in 2012 or The people will do it with force. Plain and Simple.
      SENSIE you are a lemming and a sheep. Have my report by tomorrow.

      Report Post » TexasHunter  
  • Snowleopard {gallery of cat folks}
    Posted on November 15, 2011 at 10:08am

    Right now what I do see coming down the line in regards to this case happening is this:

    A. Obama and the Democrats will try to get Clarance Thomas to recuse himself or removed from the SCOTUS office.

    B. If the Obama care law falls for good, expect Mr Obama to enact regulations and executive order to reinstate the matter, and bypass the Congress and Courts once again.

    Report Post » Snowleopard {gallery of cat folks}  
    • utterlyamazing
      Posted on November 15, 2011 at 10:14am

      Hopefully Obama will be in campaign mode by the time the Court rules.. That way he may not have any time to do an executive order..

      Report Post »  
    • MidWestMom
      Posted on November 15, 2011 at 10:27am

      Obama is already in campaign mode and has been for quite some time. And he will have time to enact regulations & executive orders….his minions are already writing them. Will only take him a second or so to write his name. And he can do it from anywhere…he’s got the auto-pen.

      Report Post »  
    • AvengerK
      Posted on November 15, 2011 at 10:53am

      There’s a better argument to recuse Kagan at this point. It’s clear she was cheerleading for the law to pass from emails released recently. She attended meetings on it- it’s a matter at this point of getting a paper trail of who was at the meetings and what was discussed. Naturally the most transparent administration in history is blocking the release of these notes.

      Report Post »  

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