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Tuesday, February 1, 2011

Obamacare Kaput!

Everyone is writing their review of the Florida Federal Judge's ruling on Obamacare and I guess I'll throw in my two bits too.  Wow!

Judge Roger Vinson is a really smart, common sense man.  I read the ruling, HERE, and even though my eyes glossed over a few times, I finally got through it in toto.  He was very thorough and fair to all parties, and he explained the different parts of his ruling very meticulously through the full 78 pages.  I am not a lawyer so many of his cites and precedents are beyond me, I go for the core, the final conclusions. 

He spent a lot of time on the Commerce Clause and if his ruling holds up, I would say there will be a lot of lawsuits by states and individuals to throw out many of the laws the feds have forced on us using the CC.  It was for the trade of goods between states and the country with other country's.  Somehow this has morphed over time to the feds controlling mud puddles on private property wholly within a state's boundaries.  So, I will be rooting for the SCOTUS to uphold that part of Vinson's decision.

He talked about Medicaid at length as well.  I was not aware that a state could opt out of Medicaid.  They can.  Hmmm.  He spent a whole lot of time discussing "activity" and inactivity".  The feds said inactivity was the same as activity.  If that doesn't show us all the insanity of government bureaucrats, then nothing will.  The Judge ruled for common sense. The feds were using the activity argument to justify the individual mandate requirement.  He destroyed their fallacious argument very well.


The Judge then spent a lot of ink on the lack of a "severability" clause, and the poor Harry Reid, Nancy Pelosi brainiacs forgot to read the Obamacare wording I guess.  The clause is not there and in the Judge's opinion, the missing clause is fatal to the whole law.  In that vein, the Judge did not issue an injunction as requested by the plaintiffs.  He stated that historical precedent exercised by the Congress and the Courts was that when a law was deemed unconstitutional, the Court's decision was the same as a injunction.  Apparently Obama wants that changed because he is thumbing his nose at that and proceeding right along.

In summary, looking back, we were right and they were wrong.  You cannot force people to buy something in our country under our enumerated Constitution.  The Tea Party, the Republicans and many independents in America were spot on.  Now we need to get the rest of the government rules and regulations under control and constitutional. Thank you Judge Vinson

2 comments:

  1. Todd: I must commend you on reading the entire 78-page opinion. I am a lawyer, and my eyes glaze over after reading some of these opinions. Thanks for the link. I guess Judge Vinson and I are destined for a beer and a read, but I am too busy with work right now. Maybe this weekend.

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  2. Thanks Barry, I once desired to be a lawyer but I was too lazy so I became a home builder. I found out that no matter what you do for a living it is, gosh, work. Maynard G. Krebs!

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Real name thank you.