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By - June 30, 2011

Health Care Looney Court Arguments/ UPDATE: Looney Wins

Health Care Looney TunesIs the Health Care law forgotten?  Not in the courts.

Two different federal judges have ruled Obama care (Health Care) unconstitutional, now Obama care is in front of the 4th circuit court of appeals.  Don’t get too comfortable, the court is packed with two of Obama’s nominees.

The individual mandate is getting argued in front of these justices, which Obama’s interim solicitor general is doing his best in Obama’s honor.  Neal Kumar Katyal made arguments, in front of a three judge panel for the 6th circuit court, that the individual health care mandate isn’t a mandate.  I know you are asking how anybody could argue that point, well Katyal is doing his best by insisting,

Americans who didn’t like the individual health care mandate could always avoid it by choosing to earn less money.

It’s just that easy…don’t like the mandate… quit your job and go on welfare.  Obama is thinking about us and he will take care of all of us, once we’re completely dependent on Obama.  That statement by Katyal must have made Ben Nelson feel better.  Sen. Nelson had stated, once the mandate was found unconstitutional, that he was not sure if the mandate was actually unconstitutional.  At least Ben now knows Obama’s out there to help him explain the health care mandates constitutionality.

The individual mandate isn’t going over well in any of the appellate courts but the 4th court may be looking at ways to consider the mandate a tax.   If the court can turn the language around to show the health care mandate is a tax then that opens up another problem (a completely activist court).  The Obamacare law does not mention a tax and no tax was passed by the congress relating to Obama care, so if the 4th circuit court calls the mandate a tax they are making it up out of whole-cloth.

Considering the manner in which Obamacare health care law was shoved down our throats unconstitutionally, I would not be surprised if we get an activist court to put another wrinkle, albeit a extra-legal wrinkle, in the case.

UPDATE: In a decision handed down June 29th, the 6th AppellateCourt three judge panel ruled the individual mandate in Obamacare as “constitutional”. This comes as quite a surprise.  The three judge panel seemed very skeptical about the governments claims that the interstate commerce clause covers the mandate.  Yet in writing for the 2-1 majority Judge Boyce said “We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause.”

If the Supreme Court (which will be decided by 1 vote, that of Justice Kennedy) goes the same route, this opens up a can of worms that would shred the Constitution and allow the federal government unlimited power.  I know the founding fathers are turning over and crying in their graves.

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  1. Hank Afshari says:

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