Posts Tagged ‘federal judge’

Yet Another Federal Judge Rules ObamaCare Mandate Unconstitutional

September 15, 2011

It’s not like Barack Hussein Obama – a “constitutional scholar,” we were told – gives one slimy cockroach crap about the U.S. Constitution.  Recently, before deciding that his government would not follow (i.e. that the Obama regime would BREAK) federal immigration law and refuse to deport hundreds of thousands of illegal immigrants who had had their day in court and LOST, Obama told a Hispanic group the following in explaining why he couldn’t do what they wanted:

“The idea of doing things on my own is very tempting. I promise you, not just on immigration reform. But that’s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.”

And then a few weeks later Obama did the very thing he himself had categorically stated was both undemocratic and unconstitutional.

He also previously similarly ignored federal law – law passed by both branches of Congress and signed into law by Democrat President Clinton – and decreed that his government would ignore the Defense of Marriage Act.  He has now held that the power of law resides within the power of the Führer alone.  The law doesn’t matter if Obama doesn’t like it.  He alone as our Messiah stands transcendantly above the law and the rule of law.

So it doesn’t surprise me whatsoever that he rammed a despicable undemocratic and unconstitutional takeover of the health care system.  He has PROVEN that he doesn’t give a damn about the Constitution or the rule of law.

Pa. fed judge knocks down key Obamacare health care requirement
Published: Tuesday, September 13, 2011
By MARC LEVY,
Associated Press

HARRISBURG, Pa. (AP) — The requirement in the national health-care overhaul law that individuals buy health insurance is unconstitutional, a federal judge in Pennsylvania ruled Tuesday in a question that the U.S. Supreme Court is expected to settle.

The suit decided by Judge Christopher C. Conner in Harrisburg is one of more than 30 lawsuits nationwide that have been filed over the 2010 law that is President Barack Obama’s signature initiative.

Conner, who was appointed to the federal bench in 2002 by President George W. Bush, said the individual mandate is an unconstitutional extension of authority granted to the federal government under the Constitution’s commerce clause.

“The nation undoubtably faces a health care crisis,” Conner said. “Scores of individuals are uninsured and the costs to all citizens are measurable and significant. The federal government, however, is one of limited enumerated powers, and Congress’s efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.”

But Conner rejected an argument by the plaintiffs — a York County couple, Barbara Goudy-Bachman and Gregory Bachman — that the mandate is “disastrous to this nation’s future, such as the Bachmans’ prediction of America evolving into a socialist state. These suggestions of cataclysmic results … are both unproductive and unpersuasive.”

While most of the massive law can remain intact, Conner said, certain provisions are linked to the health insurance requirement and must also be struck down. Those provisions are designed to guarantee that insurance companies cannot discriminate against or deny coverage to the sick or people with pre-existing conditions.

Separate lawsuits have already reached appeals courts in Richmond, Va., Atlanta and Cincinnati, with one of those courts ruling against the mandate.

It’s time to return to the wisdom of Ronald Reagan who confronted such a socialist takeover attempt of medicine in his own day and said:

But at the moment I’d like to talk about another way. Because this threat is with us and at the moment is more imminent.

One of the traditional methods of imposing statism or socialism on a people has been by way of medicine. It’s very easy to disguise a medical program as a humanitarian project. Most people are a little reluctant to oppose anything that suggests medical care for people who possibly can’t afford it.

Now, the American people, if you put it to them about socialized medicine and gave them a chance to choose, would unhesitatingly vote against it. We had an example of this. Under the Truman administration it was proposed that we have a compulsory health insurance program for all people in the United States, and, of course, the American people unhesitatingly rejected this.

The polls overwhelmingly demonstrated that what was true in Reagan’s day is every bit as true today.  The American people never wanted this vile and un-American monstrosity.

It is unconstitutional.  It is an unconstitutional TAKEOVER meant to impose socialism.  Obama knows it; that’s why he will NOT let this come before the Surpreme Court where it would be overturned.  Rather, he has done everything he could to delay that day of reckoning.

Which is paralyzing businesses who need to know their cost if they are going to take the risk of hiring workers.

Barack Obama has been granting waivers to the very leftwing unions and businesses who helped Obama impose ObamaCare so that they would not have to pay the way all the OTHER Americans will have to pay.

Impeach Obama from office before he damages this nation beyond the possibility of repair.  Because that point of no return is rushing toward us.

When Assessing Obama, The Best Word Turns Out To Be ‘Contempt’

February 5, 2011

How many times have we heard some breathless-with-adoration mainstream media “journalist” tell us that Barack Obama is a “constitutional professor”?

What we actually find when examining the record is that Obama is more like a “constitutional demolition expert.”

Take a look at two recent developments to witness Obama’s contempt for our Constitution and the Separation of Powers that has kept it intact for going on 230 years:

Judge in La. holds Interior Department in contempt over offshore oil drilling moratorium
By MICHAEL KUNZELMAN , Associated Press
Last update: February 2, 2011 – 8:05 PM

NEW ORLEANS – The federal judge who struck down the Obama administration’s moratorium on deepwater drilling after the Gulf oil spill held the Interior Department in contempt Wednesday, and ordered the federal agency to pay attorneys’ fees for several offshore oil companies.

U.S. District Judge Martin Feldman chided the department for its “dismissive conduct” after he overturned the agency’s decision to halt any new permits for deepwater projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon blast, which killed 11 workers and triggered the massive spill.

After Feldman overturned the government’s moratorium in June, the agency issued a second nearly identical suspension.

“Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantively identical moratorium and in light of the national importance of this case, provide this court with clear and convincing evidence of the government’s contempt of this court’s preliminary injunction order,” he wrote.

A magistrate will consider how much the companies’ attorneys should get.

An Interior Department spokeswoman wouldn’t comment. A lawyer for the companies hailed the ruling.

“We’re obviously delighted with the court’s recognition of the government’s manipulation of the judicial review process,” said Carl Rosenblum, an attorney for Hornbeck Offshore Services and other companies that sued over the first moratorium.

Realize that the Interior Department isn’t in contempt; Obama is in contempt.  The Secretary of the Interior serves at the pleasure of Barry Hussein.  The Interior Department is pursuing the will of the president.  And the president has contempt for the court, contempt for the law and naked contempt for the Constitution.

And simultaneously there is this (story from Legal Insurrection):

Monday, January 31, 2011
Florida Judge Rules Against Obamacare, Injunction Denied As Unnecessary Since Entire Law Unconstitutional

Federal Judge Roger Vinson of the Northern District of Florida, in a lawsuit by 26 state attorney generals, has held that Obamacare is unconstitutional.  Judge Vinson first found that the mandate was unconstitutional, and then found that the mandate could not be severed from the rest of the law, requiring that the entire law be deemed unconstitutional.

Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient.  In effect, there is nothing left to enjoin, since no part of the law survived.  By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect). 

Here is the key language from the Order showing that Judge Vinson expects the federal government to obey the declaration that the law is unenforceable in its entirety:

“…there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir. 1985) (“declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . . since it must be presumed that federal officers will adhere to the law as declared by the court”) (Scalia, J.) (emphasis added).

There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”

In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.

Here is the conclusion of the Order (emphasis mine):

“The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled “The Patient Protection and Affordable Care Act.” …

In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.

For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants’ motion for summary judgment (doc. 82) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED. 

In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring “The Patient Protection and Affordable Care Act” unconstitutional.”

[Please click on that article for more on this story.]

“Contempt” is all over Obama on both of these major federal cases.  Obama is all about contempt.  Along with hypocrisy, contempt is the blood that flows through his veins.

To put it succinctly, to whatever extent Obama knows a damn thing about the Constitution, it merely makes him all the more in contempt of it, and all the more personally contemptible.

This “constitutional expert” is on the record tacitly saying, “I’m the pharaoh; I’m the emperor.  And the Constitution means whatever the hell I want it to mean.  And federal judges be damned.”

Barack Hussein’s contempt for our freedoms and the Constitution which guarantees those freedoms is evident in other areas, as well.  And we see that this rabid intolerance for freedom characterizes the thinking of the left.

For the record, this contempt for the Constitution extends beyond Obama and contaminates his entire Democrat Party

Even when liberals like Obama pay lip service to the Constitution, they only do so as a purely rhetorical device in order to ignore everything it stands for.  Because the REAL intent of the Democrat Party is “to control the people.”  Democrats believe that there is no constitutional limit on their ability to regulate the lives of the American people.  And “Democrats” and “democracy” are antonyms

Obama is making the founding fathers spin in thier graves.  And they will keep spinning in their graves until Obama is finally out of the White House on his ear in disgrace.

Obama is our first Afrocentrict socialist redistributionist radical president.  His vision of the Constitution is – to phrase it in his own terms when he demonized the Constitutiona and the founding fathers who wrote it – “fundamentally flawed.”  And because of that fundamentally flawed thinking, Obama believes that the Government should stand in the place of God and owns everything that the people create and produce.


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