Gay Patriot Header Image

Obamacare Declared Unconstitutional

LET FREEDOM RING!

The latest from our pal, the awesome Gabriel Malor:

The law is unconstitutional and that ruling is binding on the parties. Not just the 26 plaintiff states, mind you, as I’ve also seen erroneously reported. All parties to a lawsuit are bound, including and especially the defendants, that is, the U.S. departments attempting to implement ObamaCare.

That means that at this moment all parts of the law are unenforceable, including the guaranteed issue rule, the preparations for the exchanges, the minimum standards, the Medicaid expansion, the FSA adjustment, the 1099 debacle, and, of course, the individual mandate. The Obama Administration risks a contempt order if it attempts to continue to impose any of these ObamaCare requirements on the states.

Now, don’t get too excited. The Administration will, I guarantee it, be seeking to stay Judge Vinson’s order pending appeal. At the moment, there is no order on a stay and the District Court’s docket is closed for the day. So, at the earliest we’re not looking at Judge Vinson taking a crack at their stay motion until tomorrow. And if he denies the Administration stay motion, they’ll seek it from the 11th Circuit. The appellate court will very likely grant it, given the disparate court decisions so far and because the stakes are so high. I can’t imagine that the Administration would have to go so far as the Supreme Court to get a stay, but any way it happens, they’re going to get one eventually. I guarantee that too.

So enjoy the moment.  It may or may not last.  But for today, the Constitution Reigns Supreme over King Barack Hussein Obama I.

-Bruce (GayPatriot)

Share

45 Comments

  1. Wonderful. Let’s kick 30 MILLION poor people off health care.

    Yeah, letting them die is SOOOOO much better.

    Comment by Steve Barnes — February 1, 2011 @ 10:19 am - February 1, 2011

  2. Steve,

    The comcept is thatv it will free up resources and allow (say) a person in PA haing a specialty surgeon 30k+ won’t be dropped from the rolls, far less than that.

    Comment by The_Livewire — February 1, 2011 @ 10:54 am - February 1, 2011

  3. Steve, 30,000 people are not on ObamaCare; it does go into full effect until 2014. ObamaCare increases taxes without the benefits until 2014. Oh, most people are not going on ObamaCare until they are forced by their employers when they drop their private health insurance in place of ObamaCare.

    The judge outlined why ObamaCare is unconstitutional. If this is the best you can do, you need to go back to consult Obama’s backside. I heard it has such wisdom off-teleprompter.

    Comment by Sebastian Shaw — February 1, 2011 @ 10:57 am - February 1, 2011

  4. Steve — what a stupid, childish canard. Be gone with you.

    Comment by GayPatriot — February 1, 2011 @ 11:02 am - February 1, 2011

  5. Knowing this administration, they will simply ignore the law and plow ahead with their destruction of America.

    Comment by Leah — February 1, 2011 @ 11:19 am - February 1, 2011

  6. Wonderful. Let’s kick 30 MILLION poor people off health care.

    Yeah, letting them die is SOOOOO much better.

    Oh, I just love it when welfare gays show up to whine like this.

    First off, Steve, you don’t have to wait for Obamacare. You and the billionaires of your Obama Party like John Kerry and George Soros could be paying peoples’ health insurance and health care bills right now, instead of dropping millions on anti-Semitic websites and dodging taxes on your yachts.

    But for some reason you don’t. Why is that? Why do you let people die rather than spend your own money? You could be saving lives right now, but you don’t. Doesn’t that make you a hypocrite and a liar?

    Comment by North Dallas Thirty — February 1, 2011 @ 11:19 am - February 1, 2011

  7. Wonderful. Let’s kick 30 MILLION poor people off health care.

    Or… or… or…

    We could go back to the drawing board, come up with a new, market-centered approach to health care that will increase supply, lower costs, and permit those who are willing to pay the fair cost of their health care more affordability without violating Americans’ Constitutional Rights or creating a massive, unsustainable entitlement at a time when the Government is already bankrupt.

    You got a problem with that, Stevie?

    Comment by V the K — February 1, 2011 @ 11:23 am - February 1, 2011

  8. The Obama Regime is not going to fast track this to the SCOTUS. They are going to kick it around the lower courts as long as possible in hopes that they can replace one of the conservatives or the swing vote with a radical leftist like Ginsburg, Breyer, or Kagan…. or a dimbulb party hack like Sotomayor.

    Comment by V the K — February 1, 2011 @ 11:36 am - February 1, 2011

  9. Obama isn’t a King. And he isn’t a tyrant either, like George W. Bush.

    You just can’t stand the fact that a black man is the most powerful person in the country.

    Pathetic.

    Comment by Steve Barnes — February 1, 2011 @ 11:56 am - February 1, 2011

  10. You just can’t stand the fact that a black man is the most powerful person in the country.

    Sure we can.

    You seem to be the one with the problem with holding Barack Obama to the same standards as everyone else.

    Why do you think black-skinned people like Obama are inferior and cannot be held to the same standards that a white President would be, Steve Barnes?

    Is your constant attempt to blame all criticism of Obama on racism an admittance on your part that the only value Obama has is his race?

    Why are liberals like you so obsessed with race rather than the content of character?

    Comment by North Dallas Thirty — February 1, 2011 @ 11:58 am - February 1, 2011

  11. Steve Barnes you are so funny! LOL :-)

    Comment by ILoveCapitalism — February 1, 2011 @ 11:59 am - February 1, 2011

  12. Come on, guys – Surely, somebody is writing Steve as a caricature (of the Left). Who is it? Fess up.

    Comment by ILoveCapitalism — February 1, 2011 @ 12:00 pm - February 1, 2011

  13. So – With Vinson’s decision, ObamaCare is now 2-2 in the courts. SCOTUS will resolve it (unless it is repealed first). The importance of the pro-freedom lower court decisions is that they give Justice Kennedy more to think about. They slightly increase the odds that when he wakes up the morning ObamaCare is to be decided, he will remember that it destroys human freedom and that he is supposed to be pro-freedom, as per his own _Lawrence_ decision.

    Comment by ILoveCapitalism — February 1, 2011 @ 12:10 pm - February 1, 2011

  14. You just can’t stand the fact that a black man is the most powerful person in the country.

    Because we would all be totally okay with trillion dollar deficits, the Government takeover of health care and student loans, the massive regulatory pushes, the 10% unemployment, the senseless and idiotic drilling moratoriums, and the EPA’s gross regulatory over-reach… all of this would be fine and dandy if the president were a white guy?

    You are just one stupid leftist cliche away from Auntie Dogma territory. Use it wisely.

    Comment by V the K — February 1, 2011 @ 12:10 pm - February 1, 2011

  15. Surely, somebody is writing Steve as a caricature (of the Left). Who is it? Fess up.

    Usually, the almighty filter prevents such shenanigans. But so far, his comments:

    – Those who question the gay activist agenda and tactics are self-loathing
    – Those who oppose Obama’s agenda are racists
    – George W. Bush was a tyrant.

    These could be easily the product of the same left-wing meme generator they use at Media Matters, Think Progress, and The Huffenpost.

    Comment by V the K — February 1, 2011 @ 12:16 pm - February 1, 2011

  16. I love how the simple fact that Obama is now President, *precludes* George W. Bush having been a tyrant. I guess it’s not about logic or contact with reality, is it?

    Comment by ILoveCapitalism — February 1, 2011 @ 12:20 pm - February 1, 2011

  17. The Judge ruled, “Congress exceeded the bounds of it’s authority therefore the entire act is void.”

    Truer words have never been spoken, yet the administration poo-poos the judge’s message by saying, “Win some – lose some”.

    Brazen as the White House is, they seem to forget the judge didn’t say, “Go ahead and implement this thing while you appeal it”….. Fact is, any of the 26 states that were party to the law suit have standing to go back and request the court hold the administration’s feet to the fire and force them Obama to comply….. But you won’t hear the MSM report that side of the story.

    The truth is the Left is panicking over this. Good ole Dick Durbin wants to actually hold a hearing on the ruling….. Remember, the Dems didn’t want to put a severabilty clause in the law, so now they are running scared.

    When the court ruled the law is unconstitutional, the administration doesn’t have the luxury to chose between that or from one of the two other decisions given in it’s favor in earlier court rulings. Obama can’t say, “We won’t abide by what the court just said”.

    The decision of the court is the beginning of the end of Obamacare and the Left knows it. Even if the administration appeals yesterday’s ruling, the very action of them going before an appellate court acknowledges the validity of voiding Obamacare.

    There is no reason the Republicans should sit back. This ruling should light a fire under them too….. They have this administration right where they want them. Obama and his cronies best be wary….. cause this time the body politic is far more attuned to what’s going on in Washington.

    Comment by Spartann — February 1, 2011 @ 12:36 pm - February 1, 2011

  18. Ed Morrissey has resurrected Obama on Obama. Condemning mandates in 2008, Obama said:

    Here’s the concern. If you haven’t made [health care] affordable, how are you going to enforce a mandate. I mean, if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house.

    Comment by ILoveCapitalism — February 1, 2011 @ 1:49 pm - February 1, 2011

  19. Steve Barnes – as soon as someone pulls the “you don’t like Obama because he’s black” crap, I no longer consider anything that person (you) says to be of any importance whatsoever.

    I, for one, enjoy substantive debate over liberal vs. conservative policy but substantive liberals aren’t very common.

    Comment by SoCalRobert — February 1, 2011 @ 1:50 pm - February 1, 2011

  20. The most entertaining thing about this has been the Obamabots whining about how gutting the individual mandate results in involuntary “redistribution” as people without insurance receive health care that manifests itself in higher costs for those with insurance.

    Which, of course, they were going to replace with MANDATORY redistribution from those of us who pay taxes to provide freebies for the Obama Party base which does not.

    The difference is simple. The current system redistributes only when people get sick and don’t pay their bills. The Obamacare system redistributes regardless of whether people get sick or pay their bills. If the point is to avoid redistribution, Obamacare is worse.

    Again, though, this is the lie of the Obama Party. Obama and his fools demand redistribution of wealth. Their entire party platform is based on taking from those who earn and are productive to reward their Obama Party base which does neither. The fact that their idiots like Axelrod are trying to use redistribution as a perjorative demonstrates how desperate they are and how delusional and stupid they think voters are.

    Then again, when you see people like Steve Barnes, who claim that Obama is always right because he has black skin, you can see why they think voters are patently stupid.

    Comment by North Dallas Thirty — February 1, 2011 @ 2:12 pm - February 1, 2011

  21. the Obamabots whining about how gutting the individual mandate results in involuntary “redistribution” as people without insurance receive health care that manifests itself in higher costs for those with insurance.

    Could someone explain to me why it would it would be morally wrong to simply deny health care to those who refuse to take financial responsibility for it?

    Comment by V the K — February 1, 2011 @ 3:12 pm - February 1, 2011

  22. [...] (h/t Gay Patriot) [...]

    Pingback by Florida Ruling Halts Obamacare in 26 States « American Elephants — February 1, 2011 @ 3:25 pm - February 1, 2011

  23. D’OH! I posted that Rubin column. Of course that’s wrong. Dumb, dumb, dumb mistake. Thanks for the correction.

    Comment by American Elephant — February 1, 2011 @ 3:29 pm - February 1, 2011

  24. Wonderful. Let’s kick 30 MILLION poor people off health care.

    Yeah, letting them die is SOOOOO much better.

    Anyone else remember that video that Reason or Verum Serum or someone else did where they were interviewing young adults who didnt pay for health insurance, who said they couldnt afford it, and then told of all the money they spent on going out, cell phones, internet, alcohol, clothes, etc..?

    Tried to find it.

    Those are a very large section of the uninsured. Steve. Able bodied idiots who CAN afford health care but decide they’d rather spend their money on entertainment and let someone ELSE pay for their responsibilities.

    Another big chunk of that overinflated number of “uninsured” are illegal immigrants who arent even supposed to be here, and Democrats blocked amendments that would prevent illegals from getting free NON-emergent health care.

    Another enormous chunk of the “uninsured” are people who are temporarily between jobs. Who had insurance, and will have insurance again shortly.

    And lastly there are millions of wealthy people who choose NOT to have health insurance at all, because it is cheaper for them to pay for their care out of pocket and they can afford to do so.

    You have been brainwashed by lying, demagogic Democrats and need to be deprogrammed.

    Comment by American Elephant — February 1, 2011 @ 3:44 pm - February 1, 2011

  25. The Washington Times reports the Obama administration’s reaction to Judge Vinson:

    White House officials called the ruling “surpassingly curious reading,” questioning Judge Vinson‘s references to the Boston Tea Party and his discussion of the Founding Fathers. One senior administration official, briefing reporters Monday evening on the condition of anonymity, said the references to Madison, Jefferson and other Founders were “a mark of the weakness of the other side’s argument.”

    So let me get this straight:
    - The Obamunists officially look down on the Tea Party, the historical one which kicked off the American Revolution.
    - The Obamunists officially look down Madison, Jefferson and other Founders.
    - The Obamunists officially think that when something is egregiously unconstitutional, saying so by an appeal to the ideas of Madison, Jefferson and the other Founders is a sign of weakness.

    It would follow that the Obamunists hate, and want to reverse, the American Revolution. And the United States Constitution.

    I knew it already. (That, is, I knew the deep tendency or philosophy of the Obamunists is toward government-imposed collectivism, at odds with everything the American Revolution stood for.) I just like seeing that they’ve made it official.

    The article notes a couple WH responses, that I am sure will be repeated now ad nauseum as Left talking points despite their being wrong/ignorant:
    - The claim that Vinson’s ruling is outside normal Supreme Court thinking. (Fact: Vinson appealed precisely to normal Supreme Court standards for what the government can and cannot do under the Commerce Clause.)
    - The claim that Vinson’s ruling is “judicial activism”. (Fact: Activism is when a judge effectively creates new legislation from the bench. Review is when a judge merely evaluates the constitutionality of legislation created by the legislative branch. Vinson did the latter.)

    Comment by ILoveCapitalism — February 1, 2011 @ 5:30 pm - February 1, 2011

  26. Let’s kick 30 MILLION poor people off health care.

    We were told, over and over, that it was 47 million people. After ObamaCareless passed, the liberals crowed about 30 million “getting coverage”.

    What about the other 17 million???

    I keep asking and can’t seem to find a liberal willing to answer. Furthermore, what about the hundreds of thousands (based on Reid’s claims) that will die before ObamaCareless is implemented?

    Comment by ThatGayConservative — February 1, 2011 @ 5:31 pm - February 1, 2011

  27. I love how the very words idiots like Steve Barnes use to demagogue conservatives reveal that they support the issue only because they are completely ignorant of the pesky details that render it indefensible. Steve’s words are just priceless–30 million people are being “kicked off health care.” What does that mean? How does someone go about being “kicked off health care”? LOL!

    It’s so funny! And sad. But also FUNNY!

    Comment by Sean A — February 1, 2011 @ 5:46 pm - February 1, 2011

  28. Wonderful. Let’s kick 30 MILLION poor people off health care.

    Yeah, letting them die is SOOOOO much better.

    One must wonder why anybody should die, most illnesses are preventable, as long as you ingest the right nutrients and exercise regularly. This statement is a red haring, a cliche that commends ignorance to the fact that this law was not about health care or giving anybody health care, it was about increasing the power of the IRS, controlling behavior, and baling out certain insurance corporations who were in the end going to benefit the most.

    So please Steve, stop with the indoctrination and actually read the law as it is written. And it is the lamest comment to start a thread on this site, the lamest.

    Comment by JS — February 1, 2011 @ 6:16 pm - February 1, 2011

  29. And one more after thought Steve, the rich elite (as in those with the most wealth in this country and they include your rich “liberal” friends) are the ones with the most access to the best health care, yet under Obamacare the poor will have nothing but well… poor health care coverage.

    This whole notion of “universal access” for everybody is just an illusion on your side, because only the super rich (who support Obamacare) will have that kind of access as they destroy the middle class with these types of schemes making all of us poor, which then affects our health (poorer nutrition etc). Bottom line Steve, you want to make the situation worse.

    Comment by JS — February 1, 2011 @ 6:24 pm - February 1, 2011

  30. Obama isn’t a King. And he isn’t a tyrant either, like George W. Bush.

    You just can’t stand the fact that a black man is the most powerful person in the country.

    Pathetic.

    He is not a king, but he is a corporatist puppet for the super billionaires and elite and does their bidding. They don’t get elected/re-elected or face public scrutiny, they are just there behind the curtain pulling his strings.

    And he is not “black” he is “mixed.” He has more white in him than you know.

    But of course it is his follies like yourself that praise him as a king and dictator of our country as though this was nazi germany (and by proxy his billionaire supporters).

    Comment by JS — February 1, 2011 @ 6:38 pm - February 1, 2011

  31. Usually, the almighty filter prevents such shenanigans. But so far, [Steve's] comments:

    – Those who question the gay activist agenda and tactics are self-loathing
    – Those who oppose Obama’s agenda are racists
    – George W. Bush was a tyrant.

    1) By their very nature most (not all) gay activists are self-loathing since they are programmed by the gay media dictators who entrap gay people in this never ending cycle of victim hood, depression, and community anxiety. Canada has everything a gay activist ever wanted but of course they are still complaining about discrimination and homophobic attacks.

    2) Obama was picked by the elite because of his presumed race, disagree with him and you are racist, therefore the elite can implement their corporatist/marxist agenda. Even though Obama or Barry or whatever his real name is, is mostly white not black.

    3) George W. Bush was a tyrant. He bailed out bankers and empowered the federal reserve to print more money and implode the housing bubble, created a new regime called “homeland security” and empower it with uninhibited power, and drove us into two wars which now has cost us over a trillion dollars. But then or course now that a LIBERAL is in power and doing the same exact things, of course programmed souls like Steve will look the other way.

    It’s called hypocrisy.

    Comment by JS — February 1, 2011 @ 6:54 pm - February 1, 2011

  32. George W. Bush was a tyrant.

    I wouldn’t call him a tyrant, but he was a ruling class elite, and that is how he governed. He viewed the common American people, maybe with more esteem than Obama does, but still as peasants to be ruled over.

    And as an ex-president, he’s just as bad.

    Comment by V the K — February 1, 2011 @ 7:20 pm - February 1, 2011

  33. I wouldn’t call him a tyrant, but he was a ruling class elite, and that is how he governed. He viewed the common American people, maybe with more esteem than Obama does, but still as peasants to be ruled over.

    Well said.

    However the most important thing here is that liberals sadly and hypocritically look the other way with Barry.

    Now that you made me think, he was not a “tyrant” per say, but just like Barry, more of a puppet doing the bidding of the elite (Soros, Rockefeller).

    Comment by JS — February 1, 2011 @ 7:26 pm - February 1, 2011

  34. I was discussing taxes with a dyed in the wool Democrat once – he believed that he needed to pay more taxes. I told him that I knew of two elderly Native Americans who could use some financial assistance and that his help would directly benefit two live people. His answer, “He would need to see if their need was worthy.” Whiskey Tango Foxtrot -

    Comment by killiteten - Native Intelligence — February 2, 2011 @ 12:41 am - February 2, 2011

  35. 9.Obama isn’t a King. And he isn’t a tyrant either, like George W. Bush.

    You just can’t stand the fact that a black man is the most powerful person in the country.

    Pathetic.

    Comment by Steve Barnes
    ================================

    Who is the racist? I see a Caucasian who is POTUS, not a Black Man

    The only ones who bring up race are the ones who are truly racist. Everyone else concentrates on the failure of the policies.

    Why on earth do you think that Obumbles is called Jimmy Carter 2.0? It is because he is the same kind of bumbling fool.

    Comment by StraightAussie — February 2, 2011 @ 2:14 am - February 2, 2011

  36. I recommend this exercise:

    Next time you’re in Walmart, pick up a package of OTC medication. Now see how long it takes you to find the directions. A person could die of old age before they figure out how to take their medicine.

    But, by damn, we’ve got our beloved federal regulations and our money paid for some asshole to come up with all the bullshit info on medication packaging.

    Comment by ThatGayConservative — February 2, 2011 @ 3:40 am - February 2, 2011

  37. Boehner seems to be really fast tracking himself in the image of Newt Gingrich. Can we just shut down the government and have them all quit in shame or be indicted now, instead of dragging this out while the rest of the country suffers?

    Comment by Steve Barnes — February 2, 2011 @ 9:26 am - February 2, 2011

  38. Who invited non-sequetor boy?

    BTW, Carter II’s reaction as reported at Hot Air speaks volumes

    Comment by The_Livewire — February 2, 2011 @ 10:05 am - February 2, 2011

  39. #38: Hmmmm, what was it that liberals would say after the 2008 election whenever a conservative voiced any criticism of Obama and/or the Democrats? What was it…hmmmm…oh, I remember!

    Steve, the election is over and the people have spoken. You lost. Now shut the fu*k up.

    Comment by Sean A — February 2, 2011 @ 11:59 am - February 2, 2011

  40. Don’t worry, Steve. Our lawless president, ONCE AGAIN, has no intention in following federal court orders.

    Comment by ThatGayConservative — February 2, 2011 @ 1:10 pm - February 2, 2011

  41. Why on earth do you think that Obumbles is called Jimmy Carter 2.0?

    Obviously because conservatives hated Jimmy Cater for his race.

    Comment by American Elephant — February 2, 2011 @ 3:39 pm - February 2, 2011

  42. Steve, Steve, Steve – as with most liberals when facts aren’t on your side, pontificate and exaggerate: “sigh”………

    Comment by Leslie — February 2, 2011 @ 8:45 pm - February 2, 2011

  43. The Obama Regime has no respect for the law.

    Comment by V the K — February 2, 2011 @ 9:36 pm - February 2, 2011

  44. You just can’t stand the fact that a black man is the most powerful person in the country.

    Pathetic.

    Say, where’s all those black Oscar contenders? The TEA Partiers are more diverse than that lot.

    Comment by ThatGayConservative — February 3, 2011 @ 3:16 am - February 3, 2011

  45. Kudos to ‘JS’ and ‘V the K’ re comments 33, 34 above –

    Petty liberal annoyances like Steve aren’t significant compared to silk stocking, ‘stealth liberal’ Republicans — perhaps last November’s election has effected certain Establishment Republicans our country’s most destructive force, during our 2010 through 2012 election interim.

    Comment by Patrick — February 6, 2011 @ 8:03 am - February 6, 2011

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.