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Obamacare’s Biggest Legal Threat
National Review Online, by John Fund

Original Article

Posted By:StormCnter, 7/14/2014 5:13:47 AM

The legal positions of President Obama’s Justice Department have been slapped down unanimously a remarkable 13 times in the Supreme Court in the last two years. Over and over, even Obama’s own two appointees to the court — Sonia Sotomayor and Elena Kagan — have held that the president has exceeded his authority and violated the separation of powers. This coming week, we could see the second-highest court in the land rule that the administration broke the law in enforcing a key provision of Obamacare, calling into question once again Obama’s fidelity to the Constitution — and further endangering his

      


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Reply 1 - Posted by: The Advocate, 7/14/2014 6:45:28 AM     (No. 9923286)

Don´t tweak it - repeal it.
Replace with Dr..Ben Carson´s plan.
Get back to Doctor Patient relationship at center.
Pre existing conditions can be handled.
Cross state insurance.
Tort Reform - put blood sucking Dem contributing Trial Lawyers in their place.
Why no tort reform in Obamatax? Billions in Dem Campaign contribution.
Stop funding healthcare for illegals - deport them ALL.

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Reply 2 - Posted by: ocjim, 7/14/2014 6:50:25 AM     (No. 9923287)

Don´t fix it... Deep six it!!!

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Reply 3 - Posted by: Kitty Myers, 7/14/2014 6:52:28 AM     (No. 9923289)

calling into question once again Obama’s fidelity to the Constitution

Or lack thereof. Obama should be impeached.

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Reply 4 - Posted by: bubby, 7/14/2014 6:59:31 AM     (No. 9923298)

FTA "But more important, the Obama administration would have no choice but to work with Congress as it revisited the exchange issue and rewrote the law."

WTP don´t want obamacare rewritten we want it repealed. Once again the Republicans will help the Democrats "fix" obamacare and continue the destruction of the country!

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Reply 5 - Posted by: bpl40, 7/14/2014 7:22:34 AM     (No. 9923318)

There is NO hope of 0bmacare being rewritten in this Congress. And declaring Federally provided subsidies outside of law will deal a death blow to the whole scheme. The lefties on the DC Circuit know this well. So did Judge Friedman.
That is why the full bench (packed by 0bama) will rule against the plaintiffs. It will land squarely in the lap of CJ Roberts. IMO he will view the 2014 vote as a referendum on 0bamacare and rule accordingly in June ´15.

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Reply 6 - Posted by: Rinktum, 7/14/2014 7:57:52 AM     (No. 9923349)

The judiciary has been flexing its progressive muscle since Obama was elected. Don´t expect it to change. CJ John Roberts put us on this course to destruction when he decided to write law instead of interpret it. He should have ruled on precisely what it said and not have tweaked it himself that is the job of Congress. We all learned in elementary school you do not change the answer if you are grading a test paper.

Many in the judiciary are out of control in this country. Most judges at the local level are honest, hard working men and women, but when they start moving up the judicial ladder, they have a tendency to desire the prestige that comes from fitting in with their peers who unfortunately have cultivated a god complex. Corruption has infiltrated every aspect of our government, education, business, media and culture. The judiciary is no different. Agenda driven ideologues are embedded in every crook and cranny of our lives. We are just about to the tipping point where there is no rule of law, just rule by ideological tyrants.

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Reply 7 - Posted by: periwinkel, 7/14/2014 8:01:59 AM     (No. 9923353)

The US Chamber of Commerce is spending millions and millions to be sure plenty of Establishment Republicans are elected. The whole point is to make sure Obamacare is "fixed" not repealed and we have lots and lots of cheap labor (legal or illegal, they don´t care).

I´m wondering if the Chamber took into account the hordes of children arriving daily. If they did, this is cynical to the maximum degree.

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Reply 8 - Posted by: Stryker714, 7/14/2014 8:02:53 AM     (No. 9923354)

The Democrats got in such a rush to pass it, they made some mistakes. So these slip ups are fitting desserts for them. Squirm Democrats squirm-put out all those little fires Obama lit. Any project by someone who hid their scholastic record should not be trusted and too late now: even Kagan basically said tough luck on mistakes and NO rewrite.

Obamacare will fail-it is under assault on too many fronts. The pattern of the Supremes reinforces substantiates this. Besides Obama disobeys our laws so I am not obeying any of his!

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Reply 9 - Posted by: dman, 7/14/2014 8:31:07 AM     (No. 9923389)

What a tangled web they weave ..


It´s amazing how lawyers live and breathe on every "jot and tittle" of the law, but DOJ can simply brush off same as "drafting errors". The Chief Justice of the SCOTUS can simply correct such "errors" (it was really a tax) in his "rulings". We seem to have a multi-tiered justice system. The whole thing is corrupt.

That should be no surprise: absolute power corrupts absolutely in the courts, too.

And not to be forgotten is that this is being heard by the DC Circuit Court.

Prediction: not much will change. Don´t get your hopes up. Impeachment has been taken off the table by Mr. Boehner, so the Emperor will continue to consolidate his power, and this law will stand, "drafting errors" and all. Judges that he has appointed will uphold it, and CJ Roberts will ultimately find a way to go along should it reach the SCOTUS.

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Reply 10 - Posted by: sadc, 7/14/2014 9:04:55 AM     (No. 9923460)

I still believe that like a fence to control the border or close off the border completely is the first step to fixing immigration, also term limits is the first step to fix our not so representative govt. Something in D.C. called power has people voting for something they did not read. So, Pelosi the pinhead, what if page 997 says that Congress faces a firing squad if ....
Do you have a problem with that?

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Reply 11 - Posted by: chicodon, 7/14/2014 9:09:19 AM     (No. 9923469)

Obama and Reid have been stacking the appellate courts. Don´t be surprised if they side with Obama over the Constitution.

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Reply 12 - Posted by: mc squared, 7/14/2014 9:24:48 AM     (No. 9923496)

I agree with 11. Who would have thought the SCOTUS would uphold O-Care by re-writing it and calling it a tax?

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Reply 13 - Posted by: LC Chihuahua, 7/14/2014 11:43:46 AM     (No. 9923782)

How much money has been sunk into Washington to get our politicians to require people to purchase healthcare insurance? Some people are getting very rich over this. How much is insurance nothing more than a ripoff? When money is involved, our government breaks the law. Especially the Obama gang.

We have been told healthcare is a right. Is healthcare a right or a luxury?

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Reply 14 - Posted by: SpeedMaster, 7/14/2014 11:52:24 AM     (No. 9923792)

You can not fix this until you read it. Then which of the 2000+ pages are you going to start with? THIS CAN NOT BE FIXED

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Reply 15 - Posted by: Butch59, 7/14/2014 12:38:35 PM     (No. 9923877)

The runaway decisions made my federal judges in this era is mind boggling. It seems that daily, judges simply make up a law in the way they want it to be. I wonder is anyone has fully read the Constitution. There is a part that says "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour ...." (Article III Section I)
Could it be interpreted that "good behavior" can mean that judges that make laws instead of interpret them and thus be used as a way to remove them from the court? After all, they ARE violating their oath of office.

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Reply 16 - Posted by: lil dotty, 7/14/2014 5:56:11 PM     (No. 9924434)

IIRC if any part of this bill was deemed to be in error and amended/struck down, the entire bill (due to the rat´s arrogance) would be null and void as they put no stipulations into the writing of the law. Either all or "nottin´" Is this correct and the same fact others might remember?

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