Friday, September 9, 2011

Elections Have Consequences - Boy, Do They Ever

This is why we desperately need to get that asshole out of office. We might just barely be able to survive another four years of his policies, but the long-term damage he could do with future judicial and SCOTUS appointments is truly frightening.

4th Circuit dismisses Virginia anti-Obamacare suit
A three-judge Fourth Circuit panel comprised of two judges appointed by President Obama and one named by President Clinton, has dismissed a Virginia-based lawsuit challenging the constitutionality of the national health care law's individual mandate

The court also ruled, in a separate two to one decision, against another challenge to the mandate by Liberty University. The court said it lacked jurisdiction to rule under a statute called the Tax Anti-Injunction Act, which bars courts from interfering with the collection of taxes.

It is the first court to accept the Obama administration's taxing power argument, as even courts that have previously upheld the suit on Commerce Clause grounds have rejected the tax argument.

The fourth circuit ruling, which comes as no surprise given the liberal composition of the panel, marks a continuing split among the appeals courts on the issue. The Sixth Circuit also sided with the administration, while the 11th Circuit struck down the mandate in a case brought by 26 states led by Florida and the National Federation of Independent Business.

This increases the odds that ultimately, the issue will have to be resolved by the U.S. Supreme Court.
I'm not a lawyer - my parents were married - but I fail to see how requiring individuals to purchase a good or service is in any way constitutional. And don't trot out that tired old analogy to car insurance. I can opt out of car insurance by not owning a car (like many people in NYC), or by owning a vehicle that I drive exclusively on my property (a ranch truck, like many people around here have). Furthermore, my car insurance rates are based on my driving record. Under obamacare, will people who have a riskier lifestyle - smoking, overweight, substance abuse, etc. - have higher premiums?

But all that's beside the point. I don't care how much you torture the Constitution, it does not give the government the right to force us to buy something - period.

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