Politics
‘Unconstitutional’ Health Care Law One Step Closer to Supreme Court
- Posted on March 31, 2011 at 6:28pm by
Emily Esfahani Smith
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The American Affordable Care Act–the president’s signature piece of domestic legislation–is one step closer to the Supreme Court. Megyn Kelly reports that the 11th Circuit Court will hear the case on June 8th. As you may recall, a Florida court ruled the “entire” health care law unconstitutional earlier this year.
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Comments (108)
Workforit
Posted on March 31, 2011 at 8:32pmIt IS unconstitutional. I cracks me up the lack of common sense and all the hype this thing has created. The constitution clearly states that government can’t force American citizens to buy a damn thing.
Report Post »eat-more-bacon-USA
Posted on March 31, 2011 at 8:29pmWhich will be deemed unconstitutional by the Supreme Court first – - Barry or BarryCare? It’s a race to the finish……
Report Post »LadyIzShy
Posted on March 31, 2011 at 8:14pmthis is why weiner wants to get Thomas taken off the bench.. they figure if they can intimidate judges they will win
Report Post »swigs
Posted on April 1, 2011 at 12:45amWeiner is a Progressive tool, he puts up a good show in the hopes of getting re-elected. The little mouse that roared.
Report Post »Rickfromillinois
Posted on March 31, 2011 at 8:07pmThis is already a boondoggle. They have already have had to recluse over 1000 organizations, including many unions that were pushing for it. Remember how they kept repeating about how much money we were going to save if it was passed? Haven’t heard that one lately have you? Hopefully this will get to the Supreme Court quickly and hopefully they will declare it unconstitutional. Look for the administration to try to delay this as long as possible so that it won’t happen until after the elections. It would make them look very bad for them if after spending over a year pushing it through Congress.
Report Post »CitizenUS
Posted on March 31, 2011 at 7:56pmPlease excuse my ignorance, but how are the judges chosen? Odds look in our favor.
Report Post »Buck_Ofama
Posted on March 31, 2011 at 7:31pmYou know that if the Supreme Court says this entire law is constitutional that your freedoms and liberty are not just put at risk. No! If it is ruled that the Feds can tell you what to buy and what contracts you MUST enter into then they can tell you to do ANYTHING and everything. You will no longer be free,
The 224 year old experiment will be over and it will have failed. The finding will be that men cannot live together in a Republic and be free and therefore, the Federal Govt will tell you how to live. What will you do then? Will you be Patrick Henry? Or, will you roll over and let them do it?
Report Post »Don
Posted on April 1, 2011 at 12:35amI personally will not roll over and play dead. I’m 72 so I may not be able to fight like I was 25 and once could, but I am a veteran, as a matter of fact a disabled veteran. It wouldn’t be my first rodeo. But count on it, I’ll fight.
Report Post »swigs
Posted on April 1, 2011 at 12:40amSupreme Court doesn’t have that authority. The States have not vanished and “We the People” get the last word.
Report Post »Catfish
Posted on March 31, 2011 at 7:30pmI saw a new clip on Newser, that said the GOP wants to build more fences along the border this is STUPID. They dont have to build one foot of fence, all they have to do is pass a law that makes it illegal to hire anybody with out a SS card. and aa 25000.00 dollar fine and 1 year in jail if you are found working one. and if they can not work they will go home , dont cast a dime.
Report Post »bkeely
Posted on March 31, 2011 at 7:29pmI pray we can stop this unlawful take over of our health care.
Report Post »==========================================
Buck
http://www.***************
Heirloom Seeds, ‘How God plants His garden’
Catfish
Posted on March 31, 2011 at 7:26pmI think our only hope is to prove he does not have a birth certificate and therefore not able to sign a law or anything else, come on Trump keep it going and get it stired up all over the nation, lets get all people to cry out for it, show it or get out of the white house, RESIGN like Nixon
Report Post »martyw
Posted on March 31, 2011 at 7:24pmI know this mite be off subject….but we have all these unions complaining about the possible lose of some of there retirement benefits? Im smoking ass mad that i may lose MY SOCIAL SECURITY BENEFITS that me and my employer paid in… you arnt we in a uprising… just asking ..
iamthelucid1
Posted on March 31, 2011 at 7:22pmI will not pay!
I WILL NOT PAY !
I will not pay!
I willlllllll notttttttt payyyyyyyy!!!!!!!!!!!!!!!!
The answer to 1984 IS 1776!!!!!!!!!!!!!!!!!
SUA SPONTE
Report Post »Confederate Abolitionist
Posted on March 31, 2011 at 7:20pmThe states are already in motion…I smell nullification on the wind. California has nullified federal marijuana laws. Arizona is taking over immigration enforcement. 26 states have declared Obamacare unconstitutional. Numerous states oppose federal gun laws to put the commerce clause back in place. I see true federalism no matter what Obama does or what DC wants. This is a time to celebrate …LIBERTY returns.
Report Post »swigs
Posted on April 1, 2011 at 9:49am@Confederate Abolitionist
“…Arizona is taking over immigration enforcement….”
The States always had immigration enforcement authority. The US Constitution only allows the Feds to make rules regarding “naturalization”. I little fact the Progressive lame stream media forgets to mention.
Report Post »DallyWama
Posted on March 31, 2011 at 7:16pmMegan is a hottie.
On Topic: Republicans be vigilant. An appeal is imminent.
Report Post »338lapua
Posted on March 31, 2011 at 10:13pmMr. Kelly= Lucky Man!
Report Post »Its Gonna Getcha
Posted on March 31, 2011 at 7:06pmLooking forward to it. Cannot wait!
Report Post »smalldog
Posted on March 31, 2011 at 6:56pmWhy in Wisconsin does a judge say twice to stop implementing a new state law, based on her ruling, and really expects the state to stop?
When a Federal judge finds a piece of Obamacare unconstitutional and Obama keeps spending money to implement?
Do judges really matter?
Report Post »swigs
Posted on April 1, 2011 at 12:37amOdumba is ruling by executive order. Elections have consequences and the Dems are not to be trusted.
Report Post »liberalsarealiens
Posted on March 31, 2011 at 6:55pmI wouldn’t put anything past Obama and Soros! Never has there ever been a more corrupt administration in the history of this great country! I didn’t like Clinton much at all but I dispise this socialist/marxist President and his regime. If we make it to 2012 the face of this country will change. Real Change!
Report Post »TheAmericanRifleman
Posted on March 31, 2011 at 6:50pmThis will be the perfect fire brand to burn the socialist left’s stranglehold on D.C. come 1012.
Report Post »Lucifers Hammer
Posted on March 31, 2011 at 6:50pmSo…get obamacare declare unconstitutional….which it is.
Report Post »Then get Obama declared unconstitutional…because he is.
Then try BO, Reid and Pelosi for treason.
Clang, Clang Maxwell’s Silver Hammer…came down upon their heads!
LIBSALWAYSLIE
Posted on March 31, 2011 at 6:49pmOf course its unconstitutional. A fifth grader could tell you that. Where in the constitution does it say the government can make you buy anything?
Report Post »klevalt
Posted on March 31, 2011 at 6:38pmThis a Constitutional farce, and I have no doubt that the 11th Circuit will find the same thing…
Report Post »happyboy
Posted on April 1, 2011 at 12:35amThe 11th will declare it constitutional and that will be that. Obama and Congress know its a done deal and the Liberal judges have already decided. These cases are always decided in crack-cocain filled back rooms.
Report Post »jjoy
Posted on March 31, 2011 at 6:37pmIt‘s obvious that the rinos don’t have the guts to repeal obama care… Maybe the 11th Circuit will “side” with the Florida Judge…
Report Post »RepubliCorp
Posted on March 31, 2011 at 6:53pmStarting with speaker NoBrainer
Report Post »APatriotFirst
Posted on March 31, 2011 at 7:11pmThe House can vote to appeal, then the Senate will vote NO.
Report Post »^^^^ ^^^^
Repubs DEMS
figtree52
Posted on March 31, 2011 at 6:37pmThis healthcare bill is a violation of freedom of choice.
Report Post »RepubliCorp
Posted on March 31, 2011 at 6:50pma violation of freedom……period
Report Post »EP46
Posted on March 31, 2011 at 7:04pmNot for muslims….they are EXEMPTED from the mandate. To them ‘insurance’ is a form of gambling and forbidden by their religion, so they are not ‘forced’ into it.
Report Post »FrankSpeak
Posted on March 31, 2011 at 9:13pmJudges must decide wisely. If Obama ends up getting his way, it will trigger the next……
Report Post »justice
Posted on March 31, 2011 at 6:37pmYou wait for the 2012 elections and then reverse this idiot of a bill.
Report Post »happyboy
Posted on April 1, 2011 at 12:31amNothing is going to be reversed. Nothing ever has been. The USA was created to preserve and defend liberty and freedom. People use to care about liberty and freedom but they no longer do, so the USA no longer has any reason for existing. The USSR was created to protect and defend Communist Socialism but when the Russian people no longer wanted Communism, the USSR ended. Every one says they want competition but the fact is everyone hates competition. One morning you will wake up and all the intersections will be blocked with buses and tanks.
Report Post »cheezwhiz
Posted on March 31, 2011 at 6:35pmThe American Affordable Care Act–the president’s signature piece of domestic legislation–is one step closer to the Supreme Court.
Report Post »——————
We know what that means
Obama’s thugs have to rile up the idiots and target Justice Thomas and Scalia for destruction ….pronto
Get ready for more Weiner on TV !!
Snowleopard {gallery of cat folks}
Posted on March 31, 2011 at 6:48pmCheezwhiz
Very correct, Obama and the others are hedging their bets by trying to either oust one or more of the conservative judges, or get one to recuse themselves by the time the case arrives. If the admin gets a split vote of 4-4, then it remains the law of the land.
It is a possiblility it may happen, maybe 1 in 12 odds for Obama, yet it could happen if he and the other progressives play their cards right.
Report Post »cheezwhiz
Posted on March 31, 2011 at 6:58pm@ Snowleopard
Report Post »Yet , NOT ONE Repub has said one word about K D Lang recusing herself .
What are they waiting for ?
Darmok and Jalad at Tanagra
Posted on March 31, 2011 at 7:01pmThe one good thing is at least in the justice system, illiegals can’t vote, unlike here in Colorado.
Report Post »cheezwhiz
Posted on March 31, 2011 at 7:37pm@ Darmok and Jalad at Tanagra
Report Post »Illegals vote in CA too , mostly multiple times .
But I’m sure if the SCOTUS decides that Obama-scare law is unconstitutional, the UN will find in Obama’s favor and then it will be implemented with nowhere left to appeal.
wildbill_b
Posted on March 31, 2011 at 11:56pm@Snowleopard {gallery of cat folks}
Posted on March 31, 2011 at 6:48pm
Cheezwhiz
“Very correct, Obama and the others are hedging their bets by trying to either oust one or more of the conservative judges, or get one to recuse themselves by the time the case arrives. If the admin gets a split vote of 4-4, then it remains the law of the land.”
It can never be the “LAW of the Land” for the simple fact the Constitution does NOT authorize Congress or the dicktator to make such a law for 50 states of the Union, thus it is repugnant to the Constitution and is void on its face and may be ignored. This is the case with 95% of what you call “law” which is really “statute” having “legal effect on the ”US Citizens” (slaves) “residing” in Guam, Puerto Rico, Virgin Islands and American Samoa and NOT on American Citizens. A bit of reading will make that clear.
Read Sutherland’s Rules of Statutory Construction(1910), Blackstones Commentaries (specifically section the third) (1625) and the US Attorney’s Criminal Procedure Manual (page 644 et seq.)(present day) as well as Rule 54(c) of the Federal Rules of Criminal Procedure. When you finish them you will know more that MOST lawyers do.
Legal does NOT = Lawful.
Report Post »APatriotFirst
Posted on March 31, 2011 at 6:33pm3 judges. All depends who they are, which way it goes
pappy
Posted on March 31, 2011 at 6:35pmAnd if they rule “for” it? What then? Are we stuck with it or is there another avenue to take…
Report Post »Revere1
Posted on March 31, 2011 at 6:37pmOnce this gets to the Supreme Court, liberals will be all over it again, trying to say it’s constitutional. They’re simply wrong: http://www.battlefield315.com/2011/02/why-obamacare-was-ruled.html They messed up their healthcare bill, and Obama looks ridiculous again.
Report Post »MODEL82A1
Posted on March 31, 2011 at 6:38pmDoes anyone believe this administration would abide by an unfavorable Supreme Court decision?
Creestof
Posted on March 31, 2011 at 6:40pmAll I know….is that I hope Megan comes back to work as soon as she can after having her little one. Can’t let that Wiener dude catch his breath.
Report Post »RJO
Posted on March 31, 2011 at 6:44pmPolitics in the Judicial Branch? Opinion is opinion. Judges have and may well issue an unconstitutional opinion on an unconstitutional law.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 31, 2011 at 6:45pmGreat News indeed, anyone though want to figure the odds the DOJ or Obama will somehow try to stack the 3 judges with ones favorable to him?
Report Post »Snowleopard {gallery of cat folks}
Posted on March 31, 2011 at 6:46pm@Model82a1
No, the Obama one will ignore their decisions via executive fiat and/or regulations being imposed if he just does not come right out and declare their decision to be null and void in the first place.
Report Post »A Doctors Labor Is Not My Right
Posted on March 31, 2011 at 6:46pmIt would be nice if the Supreme Court did their job and considered Obamacare unConstitutional, but ultimately their opinion doesn’t change the fact that it IS unConstitutional, and has no force of law. As such, government attempts at enforcing this pretended legislation must be met with resistance.
Report Post »SavingtheRepublic.com
Posted on March 31, 2011 at 6:47pmAll depends if Kagan will recuse herself too! Get ready this will be interesting to see what they do when it goes to SCOTUS many will come out of the shadows and expose themselves. If one legislates by the Constitution this is a no brainer.
Report Post »Physicist_In_Training
Posted on March 31, 2011 at 6:50pmRegardless of the ruling of the 11th Circuit, this thing is going to be appealed until it ends up in the Supreme Court. Personally, I don’t care so much how the 11th Circuit ruling goes, as I do that it happens quickly. The sooner this gets to the Supreme Court the better.
Report Post »danielsforprez
Posted on March 31, 2011 at 6:56pmFrom my understanding, the 11th circuit has 9 judges appointed by a republican president, and 7 by a democrat, including one by Obama.
Report Post »anniyan428
Posted on March 31, 2011 at 6:56pmThe Supreme Court will find the law constitutional and it will continue to help millions of Americans.
Darmok and Jalad at Tanagra
Posted on March 31, 2011 at 7:03pmI heard the three judges were Larry, Curly and Moe, the swing vote will of couse be Larry, the other two are Nimrods.
Report Post »pajamash
Posted on March 31, 2011 at 7:04pmWhile I commend any work to overturn Obamacare, unfortunately the damage is already done! My health care cost at my company went up 70 percent. This will not go back down if the legislation is deemed unconstitutional. It will not go back down if new legislation over rides Obamacare.
My wife just came back from Montreal, Canada today. While there she purchased a ham and cheese croissant and a Coke. It was $11.00 folks. Their sales tax totals 21 percent. My wife said, “that can’t be right”. A gentlemen in line with her asked her where she was from. She advised Minnesota (a fairly liberal state). He said, “welcome to Canada. I pay 52 percent income tax”! That is what a liberal mindset and public healthcare get you!!!!
Report Post »CatB
Posted on March 31, 2011 at 7:15pmThis is just part of the “getting to the SCOTUS” .. either party will appeal until it reaches the SCOTUS … The Attorney General of Florida (Pam Bondi) filed with the Obama Administration to “fast track” it to the SCOTUS .. they declined .. so it has to go through the lower courts first. I think Obama is hoping that one of the SCOTUS Justices (Conservative) kicks off in the mean time so he can appoint one who is PROGRESSIVE .. PRAY FOR THE JUSTICES!
Report Post »Sam the Casual Movie Guy
Posted on March 31, 2011 at 7:55pmThe Parties can move for the 11th to re-hear the case en banc (by all the judges of the circuit). Whether they decline a motion for rehearing en banc, or decide one way or the other, it’s going all the way to the top wizards in black.
Report Post »C. Schwehr
Posted on March 31, 2011 at 8:54pmIf the 11th Circuit court declares it Constitutional, the States will advance it to the Supreme court. If they declare it UNConstitutional, the AG will advance it to the Supreme court. Either way, this will be settled by the Supremes, and it’s still questionable if we will get a fair hearing there….If the SUPREMES go all wishy washy and DON‘T declare it unConstitutional on it’s face as it should be seen, then we may very well see a Constitutional crisis due to the various States attempting to nullify the law within their separate borders…..If Supremes agree with the lower court, then we’ll either see a Constitutional crisis if the defacto president attempts to ignore the court, or we’ll see the first real victory against the destruction of our nation by Soros. Let us pray!
Report Post »Cemoto78
Posted on March 31, 2011 at 9:05pmThe progressives and their minions will soon find the constitution will prevail and once again Obama will look like a dolt. Once thing for sure, Shannon Bream will do a fantastic job covering this and will look absolutely beautiful doing so.
Report Post »patriot308
Posted on March 31, 2011 at 9:08pmIf it gets overturned by SCOTUS, we struggle to regain balance. If it’s upheld; it’s civil war the sequel.
Report Post »LINESOFTHEZERAPH
Posted on March 31, 2011 at 9:45pmTo ANNIYANA428
Report Post »Explain to me exactly how his law helps people. Explain to me exactly how the government can control costs without rationing care, cutting back on medical staff salaries, reduce R&D, etc. Explain to me why you liberals think it is okay for citizens to be dependent upon the government for their healthcare as opposed to liberating them from the binds of being a slave to the whims of politicians. Explain to me how Obamacare defines healthcare. In order words, do American taxpayers have to pay the medical bills of everyone? Regardless of why medical attention is needed? Why should someone be able to get drunk and punch the wall, break their hand, go the emergency room – and this creates a financial obligation for other people? Use your brain – I know its hard for liberals, but try to think WHY healthcare is so expensive. Do you really think its a LACK of governmental intervention?
338lapua
Posted on March 31, 2011 at 10:10pm@LINESOFTHEZERAPH
Report Post »Feeding the trolls rarely works out. It gives them an opportunity to change the discussion to suit their selfish desires. I like to squish trolls as much as the next, but I am coming to realize that these people are paid to spew the crap here. If they can articulate a point,using actual facts, or have positions outside of DNC talking points, I am willing to engage. But these goofs are just getting old, they bring little if anything to the discussion.
snidley-whiplash
Posted on March 31, 2011 at 10:44pmIn the good of time everything obama has done will fade, be ignored and soon he will be forgotten.
Report Post »No we should not give up a fight and like the doctor said it will be met with resistance.
The people of the Republic will win!
wildbill_b
Posted on March 31, 2011 at 11:46pm@jzs
“A Doctors Labor Is Not My Right, according to the Constitution of the United States of America, the Supreme Court decides what is Constitutional. Not you or the Tea Party. You are proposing that we shred the Constitution and embrace anarchy.”
Can you provide some sort of evidence to support your delusional BS? The Supreme Court has NO AUTHORITY whatsoever to declare things “Constitutional” or “Unconstitutional”. The US supreme court can EASILY be overruled by Republican State courts. Simple fact of the matter. The Federal Government has ZERO authority to make ANY law relating to State Citizens within the States. Their own US Attorney manual page 664 says so just like the Constitution says so. Your dismal lack of education is the reason they are able to “FOOL” you. Here is what you do. Provide the Constitutional Authority for the Federal Government to interact with private citizens?
Should be simple if it existed. It does not, however. The federal government trying to tell me what to do is EXACTLY the same as France trying to tell me what to do. Both have the same authority over foreign Countries, ZERO. Each “Republican State” is in FACT of LAW a foreign nation/country to the “United States”. The US Constitution states this fact in plain English that even YOU can probably understand. Let me help you. The “United States” is a legislative democracy located in the Foreign nation geographically located in District of Columbia. The Republican “States” of the Union, united by and under the Constitution are geographically located OUTSIDE the United States in a Nation called America.
Article I section 8 Clause 4 states that: “To coin money, regulate the value thereof, and of foreign coin”.
What do you think the “Foreign Coin” is that Congress is empowered to “regulate” the value of? Maybe you think they can control Frances money? Or maybe it is Mexico’s? OR maybe it is the 50 foreign “States” of the Union?
The correlating Article of Confederation(Article IX) which was made “More perfect” by the Constitution says:
Article IX: The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or “”"“by that of the respective States””"”"
It absolutely amazes me the lack of knowledge displayed by self proclaimed “Experts”.
Report Post »restorehope
Posted on March 31, 2011 at 11:49pmI don’t think we can breathe safely about repealing it until after 2012 and the varmints are voted out.
Report Post »happyboy
Posted on April 1, 2011 at 12:24amTHE COURT WILL NOT DO ANYTHING
The court refused to even listen to the appeal of Obama’s Birth Certificate issue. It will not do anything about this either. The Democrats know they have won, the USA is no more. When will everyone else realize it. No Court is going to be able to stop what the Democrats have been working on for over 40 years, the ending of the USA. It all started at Woodstock.
Report Post »swigs
Posted on April 1, 2011 at 12:31am@wildbill_b
Very well done.
From Wiki;
“In nearly all of the cases heard by the Supreme Court, the Court exercises the appellate jurisdiction granted it by Article III of the Constitution.This authority permits the Court to review – and affirm or overturn – decisions made by lower courts and tribunals….
Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts….”
And may I also add contrary to popular misbelief, The Supreme court doesn’t even have the authority to interpret the US Constitution. It would not have made sense to allow the Court to interpret the authority that granted the Court it’s authority.
The US Constitution stands alone solely to place positive limitations on the power of the central gov’t(the Feds). It’s authority comes from “We the people”.
Report Post »Therightsofbilly
Posted on April 1, 2011 at 1:37am338lapua
Posted on March 31, 2011 at 10:10pm
@LINESOFTHEZERAPH
Feeding the trolls rarely works out. It gives them an opportunity to change the discussion to suit their selfish desires. I like to squish trolls as much as the next, but I am coming to realize that these people are paid to spew the crap here. If they can articulate a point,using actual facts, or have positions outside of DNC talking points, I am willing to engage. But these goofs are just getting old, they bring little if anything to the discussion.
@338lapua
I have often thought the same.
But, I think it important to constantly combat them.
The reason they so doggedly continue to hammer away, is in the hope of swaying the fence sitters, or the middle of the roaders, over to their side.
They know they are never going to win over the true conservatives, or the patriots. (I opened up the door with that one, didn’t I?)
They hope only to win over those that they can with their propaganda.
That’s why we must always shoot them down with logic, humor, truth, etc.
If they can swing just a few percentage points of voters to their side, that may be all they need.
We can not allow that to happen. Not this time. Way too important of an election.
I have read your posts, and it is clear that you are most capable of presenting our side, and of dismantling trolls. Please keep up the good work.
I really don’t want the trolls to go away. They give us the chance to prove their ignorance. And many times, they do it all by themselves.
GOD Bless the U.S.A.
Report Post »Liberty Ink
Posted on April 1, 2011 at 8:50amWe are stuck with it until Congress is inclined to listen to the will of the people…
Report Post »weeblewacker1
Posted on April 1, 2011 at 9:21amfunnie,she did not say anything about the other courts saying it was legal.more fox misdirection bought to buy the koch bros.cant wait to see the one-payer implemented!
Report Post »GayDem4Beck
Posted on April 1, 2011 at 9:27amWe need to/must get away from trial law cases and education and get back to Constitutional law, education and cases.
Report Post »jmanuola
Posted on April 1, 2011 at 1:25pmJust get this phase done with. It doesn’t matter how they rule, its going to the SCOTUS.
Report Post »jkendal
Posted on April 1, 2011 at 2:14pmIt is not up to the SCOTUS alone to determine whether or not this act was Constitutional. The language in it shows clearly that it is un-Constitutional. It’s up to the States to REJECT this un-Constitutional act through their legislatures in order to send a clear message to Congress that we will not accept any more un-Constitutional power grabs…..
Report Post »