On December 13th, 2010, United States District Judge Henry Hudson ruled that portions of Affordable Care Act were unconstitutional1. With the lack of a severability clause (which was the result of the Democrats questionable methods of forcing the bill through) this could potentially void all of Obamacare. This fact was reiterated by Justice Roger Vinson who on January 31st, 2011, stated outright that, “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 implications2.”That's two federal judges declaring Obamacare unconstitutional and therefore void.
The administration's reaction? Ignore them both, prompting Justice Vinson to reprimand the White House for their disrespect of his ruling. Politico and Huffington both misreported this (I believe intentionally) as Vinson staying his own ruling. Quite the contrary, he was attempting to expedite matters. Of course Obama's 12th man on the field – the Media – has ensured that this story has not accidentally surfaced since then. This has to be kept quiet and low key. Why? Please allow me to answer a question with a question...
If Obama and his team knew this bill was constitutional, and knew it would stand up to scrutiny, wouldn't they want it to go to the Supreme Court? What better way to silence the naysayers than to earn the stamp of approval from the highest court in the land and prove the validity of the law. The problem is it will not stand up to scrutiny. Even if it would pass muster with judicial branch there is another problem... the majority of Americans, even more than when it was first passed, still do not want this law3. He can't afford to win or lose in court, because either will make for a long hard road in his upcoming re-election bid. So our president, who ironically is a constitutional lawyer, has rammed through an unconstitutional law, has ignored two men who are constitutionally mandated to be one of the checks and balances of his actions, and if you want to keep score he also overrode the ban by federal courts on his deepwater drilling moratorium by simply re-issuing the moratorium... which to me sounds a little unconstitutional. How much more of this do we have to endure... and when will the media start to report the truth?
Random thought... wow, now that I think about it, he can't provide the paperwork that he is constitutionally eligible to serve as president, either. Just sayin'...
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