Wednesday, February 2, 2011

Ding Dong the Bitch is Dead

Democrats and the mainstream media are whistling past the graveyard. They’re talking about Obamacare like it’s a tennis match. Durbin just yesterday, and others, are referencing the won/lost court case standings. Yes, two Federal Judges have ruled that the Affordable Care Act (gag) is legit - and two have ruled against the government.

But that’s not the way these things work. This is a lot more like hunting than tennis.

Two Judges decided not to shoot at the Healthcare Law. They left it alone. That has no impact on the law. It doesn’t make it stronger, and it doesn’t detract from it. It has no effect.

However, another judge did take a shot at the bill and wounded it (the Virginia case). That had an effect and the government is forced to appeal that case.

Judge Vinson, the Federal Judge hearing the case brought by Florida and joined by 25 other states, ruled the Act unconstitutional. He further said that he would not enjoin the government from enforcing the Act because he had rendered it null and void. In other rather uncivil words, he shot it in the heart at close range and killed it. It does not exist anymore. It is not a law, it has no force and it is as though it never passed.

The government hopes to win an appeal and win at the Supreme Court, but that is unlikely.

What must happen now is for pressure to be brought to bear on the Administration to agree to take the case immediately to the Supreme Court. The Court could hear and render a verdict on the case in less than two months, saving the country a lot of pain and money in litigation.

Here are two ways to pressure the Administration: First, the victorious states must announce that they accept the verdict and will not implement any of the mandates provided for in the former law. In other words, they show they understand how to win. Then, the House should refuse to consider any legislation until the Administration agrees to fast-track the case to the Supreme Court. I believe the House could appeal to the Court to do so because they should have standing in the matter - they created the bill.

Meanwhile, it would be better for McCain and Graham and Hatch to just keep quiet. Hatch’s plan to repeal the individual mandate would leave the question of Congress’ Commerce Clause power undecided by the Supreme Court. We need the Court to address and roll back that authority. And stripping an act which no longer exists of its authority is simply silly, a futile exercise. You guys don’t have any idea how winners act, do you. Buh-Bye.