Tag Archives: ObamaCare

Climate didn’t kill JFK or Sebelius’ Healthcare.gov

Liberal Democrats just can’t accept reality when it conflicts (a frequent occurrence) with their liberal world view or political vanity.

heathcare.gov

Soon after our anti-Communist Cold Warrior President John F. Kennedy was assassinated by Lee Harvey Oswald fifty years ago next month, his widow famously bemoaned that: “He didn’t even have the satisfaction of being killed for civil rights. Its – it had to be some silly little Communist.” Continue reading

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Obamacare ushers in Halloween spirits

We’re not sure if the ghost(s) of Anniston and Gadsden, Alabama, respectively, caught on security-camera video below were thrown out of now sheet-less hospital beds or simply failed to survive hours of fruitless attempts to purchase insurance on the federal Obamacare exchange.

jack-o-lantern

But we do know that they desperately crave one of the oldest and cheapest medicines known to mankind.  Continue reading

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Between Obama’s fiscal cliff and a Lame Duck desert floor

Calling President Obama and Speaker Boehner for safety net. If Lame Duck doesn’t break fall; after crash, dial 1-80O-bam-acare or estate tax lawyer.

America went over the fiscal cliff years ago

I’ve never bungee jumped or sky dived. Heck, since that candy apple leapt out of me at age 12 on the downswing of the roller-coaster at the Piedmont Interstate Fair, I’ve settled for such thrills on the Travel Channel; but I hear that many Democrats experienced the euphoric weightlessness of space when casting their recent vote for four more years. I hear its akin to the feeling of security a lobster feels while lying in a temporarily lukewarm pot of water on the kitchen stove while guests in the parlor await the main course.

Many Republican voters thought the American lobster, that had lain in the warmth of Bush-Pelosi-Reid deficits, would suddenly arouse with hopes of survival after being doused with Obama’s scalding hot and stimulating Obamacare waters, tripled deficits and doubled gasoline prices. Instead, while many John McCain voters  indulged a tea party and helped fire Pelosi; class envy or despair trumped too many of their old American dreams as they sat on their butts rather than take a chance that Mitt Romney would return America to the pre-Obama nirvana that was Clinton-Gingrich work requirements for welfare.

It seems now that many Obama-Biden voters that voted to re-hire those that couldn’t fix the mess left by President George W. Bush in “only” four years (I hear mother Barbara performed the job thousands of times in less than four minutes, but I digress), somehow think that “it” can be fixed in just four more weeks by a Lame Duck Republican House if only it would heed the “obvious mandate” from the American people and reinstate some of those same Bush tax cuts (aka Taxmageddon) etc:

1. The payroll tax reduction passed in 2010 will end.
2. The temporary tax rates passed under President Bush will lapse.
3. Obamacare’s taxes will come due.
4. The Alternative Minimum Tax will expand to many more taxpayers.
5. Extended unemployment benefits will expire.
6. Some $78 billion in federal spending will be sequestered.
7. Medicare “doc fix” will expire.

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Other conscience objections after ObamaCare abortion pill mandate is dropped

The free exercise of religion was fundamental to the founding of America, but so is the right to freely bargain with health care and insurance providers

After President Barack Obama inevitably drops the recently announced mandate that even church-affiliated employers provide health insurance coverage for contraception, sterilization and “Plan B” morning after abortion pills (aka RU-486), will we look back at this exercise as a ruse to make ObamaCare seem more palatable to voters this fall?

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Atlanta Court right to sever ObamaCare

Non-severed portions of health care law are destroying the private health insurance industry now and even if a President Romney could grant waivers to all businesses in America, that destruction would continue.

But DeVine Law is happy with the Eleventh Circuit Court of Appeals:

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the 2010 health care law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.

The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.

DeVine Law is not happy with ObamaCare regulations that require private health insurers to cover more applicants and at lower prices than risk assessments deem prudent, but it is not the courts’ role to correct supposed Congressional mistakes, unless those mistakes are unconstitutional. Even a court filled with my fellow Federalist Society lawyers understand that Congress has the power under the Commerce Clause to regulate interstate commerce.

In fact, one of the great anomalies of the United (Regulatory States) of America, founded circa 1933, is that Congress has not used their power to break up state health insurance monopolies. One of the main reasons that the Founders scrapped the Articles of Confederation soon after winning our Independence was to draft a constitution that would unite the states economically.

Other than repealing ObamaCare, Congress could take better action that would lead to lower medical costs and insurance premiums than to allow the selling of health insurance policies across state lines. Neither tort reform, nor medical malpractice reform comes close to the positive effect of ending state monopolies, but I digress.

The better conservative position for a judge is to rule as narrowly as one can to resolve a case and to respect the acts of elected representatives in as broad a fashion as possible. In that regard, the fact that ObamaCare did not include a “severability” clause is irrelevant, and it was right for the federal appeals court not to impose one since the separate provisions are not interdependent in their operation.

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Yes Virginia, there is a Direct Supreme Court Appeal Clause

When the Chief Justice of the United States convenes his regular Friday Conference tomorrow, four elves (or Santa and three elves) are required to determine if Ken Cuccinell’s direct appeal of ObamaCare is naughty or nice.

Federal district courts in Virginia and Florida found ObamaCare’s mandate that citizens’ wallets jump when AFLAC ducks quack, to be so much excess, and unconstitutional, water on our American’ backs.

Moreover, the whole of President Barack Obama’s signature legislative achievement melted under the latter’s constitutional sun shine, albeit without an injunction. As a result, the tentacles of socialized medicine were unleashed to poison private insurancepools that could make the legal issues moot if too many claims of 25-year old “children” with pre-existing cancerous conditions have to paid before non-highest courts weigh in.

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Filed under Domestic Policy, US Supreme Court or Law

Court Caves on ObamaCare

“Clarification” order scolds DOJ to hurry up, then gives license to implement a law he deems unconstitutional

The only hope We the People had of preventing the solidification of socialized medicine pending a definitive ruling on President Barack Obama’s signature hope and change law no less than two years from now by the nation’s highest court, died last week at the hands of the man that had threatened to kill the administration’s assault on private health insurance dead in its tracks.

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