BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Well, not yet. I'm jumping the gun here. But I'm absolutely positive that's the way it's going to turn out, and I want to be the first to post about it. Why am I so sure? From Newsmax:
Three federal appeals court judges – including two appointed by President Barack Obama – will consider a challenge to a provision in the president’s new healthcare law that requires most Americans to get insurance.
The third member of the Fourth Circuit U.S. Court Appeals panel hearing arguments Tuesday in Richmond, Va., was appointed by President Bill Clinton.
The paper said the judges were chosen by random by a computer program. They are Andre Davis and James Wynn, both appointed by Obama, and Diana Gribbon Motz, appointed by Clinton.
I wish I had a computer program like that.
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Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Sometimes judges do act like judges. They can surprise you that way. Here's to hoping.
I'm still betting that Sotomayor turns out to be more conservative than many expected.
This compulsory purchase requirement by the government is the sort of thing that sparks revolution. I'm not living in a country where the governemnt gets control of my discretionary after-tax spending.
Apr '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
It's real simple. If the federal government can force everyone to purchase health insurance, there are no limits to federal power. Bill of Rights and Federalist Papers be damned. This is not the social compact enshrined in the constitution. I want to hope for the best, but experience is an unyeilding teacher to those who will learn.
Jan '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Scott Adams, the guy who created Dilbert, tells the story of a hypnotist show. The hypnotist selects a few people from the audience, hypnotizes them, and gives them an embarrassing post-hypnotic suggestion. The "subjects" begin doing whatever embarrassing thing they've been programmed to do. The hypnotist then asks, "Why are you doing this?" Everyone ... everyone ... in the audience knows exactly why the subjects are embarrassing themselves.
Immediately, the subjects cook up an explanation. It could be clever or wildly implausible, but the explanations always portray the subject as doing something perfectly reasonable. And once they cook it up, the subjects cling to it, and they become indignant when the hypnotist challenges them on it.
I hope that Tommy De Seno is right, but I've been to too many of these hypnotist shows.
Mar '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Sadly, I have to disagree. Sotomayor and Kagan were chosen precisely for their political reliability. No chance that they would hold it unconstitutional.
Aug '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
This is the Rubicon. Once it's crossed, there's no going back. From then on the government has control of "what's good for you". Americans still sleep, and are allowing the Regime Media to ignore and distort the issue.
Our fellow citizens will have nobody to blame but themselves. Dam* their stupidity! And the politicians who represent them!
Jul '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
The American Revolution was fought over a tax of a few cents because it was an affront to our principles and freedoms, but today you can tax us, tell us how to spend our remaining money, constrain our freedom, and we're content to vote a few people out while hoping to steal a victory in the Supreme Court. If we lose, we'll make some noise then do absolutely nothing. As long as we're content to roll over for whatever the next violation of our laws is, it's going to keep happening.
Feb '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
This is what tyranny looks like. If the regime can force people to buy health insurance what else can it force us to do?
As Robin Scott says if this stands there are no limits, and in that case then Americans are nothing more than slaves. Sure, we're allowed to wander around loose- for now- but the fruit of our labor is seized by the government to be used as the government sees fit. And with a million pages of federal "law" already on the books and more coming the dimensions of our pen shrinks daily.
This is above the pay grade of mere judges. I think I should have a say on whether or not I am a slave, even if the "law" declares that I am. If the regime does in fact decide that I'm a slave- well, too bad the regime never quite got around to collecting all those semi-automatic weapons isn't it?
Oct '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
I think the computer program that selected those judges is the same one East Anglia was using to select which temperature readings to use (or create).
May '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
I wonder if anyone down at the courthouse understands that randomness is not necessarily fairness, and randomness does not necessarily lead to impartiality, especially when the sample size is 3.
Anyone who's been to Las Vegas and seen a blackjack dealer turn up a 21 understands this.
Edited on May 10, 2011 at 11:58amMar '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Yeah, everyone knows this all hangs on SCOTUS. Which means that everything depends on which side of the bed Anthony Kennedy wakes up on.
Mar '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
I'm not a lawyer but my sense from these things in the past is that you can tell how the judges are going to rule based on the oral arguments, and in this case it doesn't look good.
http://washingtonexaminer.com/blogs/beltway-confidential/2011/05/appeals-court-releases-audio-health-care-oral-arguments
however, this is only a three judge panel and there's always the possibility of the full court re-hearing. also this is not the only case, obviously, wending its way through the federal appeals courts.
we've got a long long way to go on this.
Jun '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
On the matter of constitutionality, yes, it'll come down to the Supreme Court. If they declare Obamacare good and acceptable, I'll be among millions knashing their teeth. But just because the Court says something is constitutional, doesn't mean it becomes irreversible.
With courage, force of will, and the collective fury of the electorate, repeal can happen. So while I hope for some sanity from our courts, I won't hold my breath. But I won't completely despair either, because it won't be the end of it.
Sep '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Jim Chase
On the matter of constitutionality, yes, it'll come down to the Supreme Court. If they declare Obamacare good and acceptable, I'll be among millions knashing their teeth. But just because the Court says something is constitutional, doesn't mean it becomes irreversible.
With courage, force of will, and the collective fury of the electorate, repeal can happen. So while I hope for some sanity from our courts, I won't hold my breath. But I won't completely despair either, because it won't be the end of it. · May 10 at 12:59pm
Just because a court rules it's constitutional doesn't mean the court is right. The constitution says nothing about judicial supremacy regarding constitutional matters. We can discuss what the proper next steps are if it goes badly in the supreme court; however, it's not appropriate to discuss extreme matters like what appropriate next steps are until absolutely necessary.
For now we can hope and pray. But we may have to soon act.
Jun '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
I'm afraid you have it backwards, Rob. The AP story will read:
BREAKING: Constitution declared Obamacareal by Appeals Court
Richmond, VA - By a 2-1 margin, a federal appeals court declared that the Constitution will remain in force after rejecting a claim that it violates key provisions of Obamacare. With the aid of a microscope, Judge Motz detected the faint outlines of a previously undiscovered penumbra
Edited on May 10, 2011 at 2:01pmemanating from the Interstate Commerce Clause. In a dissenting opinion Judge Wynn asserted that the notion of enumerated powers fails the rational basis test, and that the entire Constitution should be struck down due to the lack of any clear severability clause within it. "The Founders failed to make it clear whether or not the remaining Articles should remain in effect once one Article was struck down" he wrote.
Jul '10
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Tommy De Seno: Sometimes judges do act like judges. They can surprise you that way. Here's to hoping.
I'm still betting that Sotomayor turns out to be more conservative than many expected.
This compulsory purchase requirement by the government is the sort of thing that sparks revolution. I'm not living in a country where the governemnt gets control of my discretionary after-tax spending. · May 10 at 9:58am
Oh, the frog is expecting the scorpion not to sting him.
Mar '11
Re: BREAKING: Obamacare Declared Very Constitutional by Appeals Court
Great... why not just flip a coin or Rochambeau for it?