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Supreme Court INVALIDATES health care law? Say what?

Temlakos~POTL~PWCM~JLA~☆ 2012/06/30 18:24:16
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Nick Purpura, the author of the linked article, filed the most comprehensive anti-Obamacare lawsuit that anyone ever filed, in any court (Purpura v Sibelius, 11-7275). In this piece, he of course excoriates John Roberts, as did the conservative dissenters (Kennedy, Scalia, Alito, and Thomas JJ, jointly!), for rewriting the law to save it. (And in the process giving the Congress an unlimited taxing power that sets at naught every protection against the arbitrary deprivation of property without due process of law. The only thing the government cannot arbitrarily do to you is execute you or confine you.)

Have a look at the Purpura case. It lists nineteen separate violations of the Constitution and monumental inconsistencies with existing law.

The big point that Purpura makes in this piece is: John Roberts said that this is a tax. OK. But this tax originated in the Senate. Article I, Section 7, Clause 1 of the Constitution reads:

All bills for raising revenue shall originate in the House of Representatives.

So what really happened here? Well: after Scott Brown replaced Ted Kennedy, the House simply took an unrelated bill, stripped it of its contents and short title, put in the Senate language (even the "In the Senate of the United States" heading), and then "deemed it passed" in the vote on the House Rule. Classic bait-and-switch.

But Judge Roger Vinson of the US District Court for the Northern District of Florida has already said that the bill originated in the Senate. What about that?

That finding stands and is not controverted. So Mr. Purpura says, and I agree with him, that his case deserves a reargument. And more broadly speaking, Mr. Chief Justice Roberts just invalidated ObamaCare when he sought to save it. Otherwise he just declared the Constitution unconstitutional.

Read More: http://www.conservativenewsandviews.com/2012/06/30...

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  • Walt 2012/06/30 19:08:25 (edited)
    Agree.
    Walt
    +16
    "... Mr. Chief Justice Roberts just invalidated ObamaCare when he sought to save it. Otherwise he just declared the Constitution unconstitutional... "

    As much as I've hated seeing 0bama, the Senate, and the House beat the Constitution like a whipped dog, I hate it even more seeing the Supreme Court treating it this way. Despite 0bama's appointments to the SC and Judge Ginsburg, I have always previously had great respect for the SC.

    Now I have very little respect for any of them.

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  • TheTailor Old Salt 2012/07/01 12:51:56
    TheTailor
    +2
    But they had to, the self proclaimed "progressives" had to gain power in order to show the public how dishonest they are and that they are out for one thing, control over our lives, and at any cost.
  • TheTailor ScottyG... 2012/07/01 04:51:59
    TheTailor
    +3
    I agree, I first thought Robert's defanged Obamacare, but now it seems he killed it, WITH the leftists! Mwahahaha! :-)
  • ScottyG... TheTailor 2012/07/01 14:35:46
    ScottyG - Faqueue
    +1
    He's one smart cat. His ruling gave the progressives win in this battle but the conservatives will win the war.

    This is Pearl Harbor for the left. When the bomb drops on them in NOV, they will wonder "what just happened?"
  • TheTailor ScottyG... 2012/07/01 17:31:40
    TheTailor
    +1
    He is, I'm impressed. Robert's didn't give the progressives a win, he gave them the "illusion" of a win, when in fact Obamacare has been defanged. They exposed what the leftist had said was not a tax, as in fact a tax, pointing out the glaring dishonesty all the way along, and he did it WITH the progressive side of the court, brilliant. Oh, and this notion about a partisan court ... defused.

    Let's see now, the so called "penalty" is now a tax, but there's no fine or criminal penalty if you don't pay it, heh. The states that do not set up Obamacare exchanges will get Medicaid funding, the fed withholding that funding was struck down. Those Democrat and Republican voters that wanted to see it struck down are now galvanized to have it repealed.

    Yep, I like Roberts :-)
  • ScottyG... TheTailor 2012/07/01 18:39:54
    ScottyG - Faqueue
    +1
    Well said. And suddenly the 45 million Americans that are not covered by insurance is NOW 1%.

    This number changed when it became a TAX.

    Bad math? Nope it's a CYA that I see right through. Minimize the affected number of newly taxed persons.
  • TheTailor ScottyG... 2012/07/01 19:12:43
  • ScottyG... TheTailor 2012/07/01 19:50:57
    ScottyG - Faqueue
    And on ALL the political news shows today they acted like they want the whole subject to go away.

    They tried to make it disappear by saying "well now it's the law, so we need to get on to the important issues like jobs and the economy."

    Hey, idiots!!!! We told you that BEFORE you spent all your time on this crappy bill.

    Now it's gonna bite them in the ass and they want us all to look away.

    The nothing more to see here won't fly. Now there's a laser focus on this being one of the top issues in the election.
  • TheTailor ScottyG... 2012/07/01 20:17:06
  • ScottyG... TheTailor 2012/07/01 21:27:45
    ScottyG - Faqueue
    +1
    US to Obama:

    Smooth move exlax!
  • Allbiz - PWCM - JLA 2012/06/30 19:09:03
    Agree.
    Allbiz - PWCM - JLA
    +4
    I voted incorrectly. I meant ti vote DISAGREE.

    It's certainly a nice thought you present but unfortunately, it is not accurate.

    The ACA was passed as HR3590. It was passed by the House and sent to the Senate where Harry Reid stripped out much of the original language and then inserted language authored by the Senate. Then it was sent back to the House for their concurrence under the reconciliation rules and was finally passed by both houses.

    Unfortunately the original bill passed was started in the House.
  • Temlako... Allbiz ... 2012/06/30 20:13:29
    Temlakos~POTL~PWCM~JLA~☆
    +6
    I think you have it wrong. HR 3590 was originally an unrelated bill that had to do with veterans' home ownership benefits. The original House bill that passed the House in December of 2009 had a different number altogether. The problem was that the House and Senate worked on entirely different bills. But then Ted Kennedy died, and Scott Brown got elected to the Senate. So the House eviscerated the original HR 3590 (unrelated) and stuck the Senate bill in so that they could "deem" that they and the Senate had passed identical bills. There wasn't time to go to conference and send a conference report back to a Senate that would never be able to limit debate.
  • Allbiz ... Temlako... 2012/07/01 00:24:18
  • Prairie... Temlako... 2012/07/01 02:45:33
    Prairie Wind
    I'm thinking that Coburn had the first in May 2009 with the Patient's Choice Act S.1099 and the Democrats voted it down. However, that's the Senate side.

    http://coburn.senate.gov/publ...

    http://www.coburn.senate.gov/...
  • Walt 2012/06/30 19:08:25 (edited)
    Agree.
    Walt
    +16
    "... Mr. Chief Justice Roberts just invalidated ObamaCare when he sought to save it. Otherwise he just declared the Constitution unconstitutional... "

    As much as I've hated seeing 0bama, the Senate, and the House beat the Constitution like a whipped dog, I hate it even more seeing the Supreme Court treating it this way. Despite 0bama's appointments to the SC and Judge Ginsburg, I have always previously had great respect for the SC.

    Now I have very little respect for any of them.
  • Kane Fe... Walt 2012/06/30 19:18:54
    Kane Fernau
    +4
    Maybe you're on to something. Maybe Roberts taught us a couple of things here. Elections have consequences. Destroying the Constitution can easily be done legislatively and electing people that have no respect for the Constitution will be the end of the Constitution. The Congress makes the laws. The Supreme Court upholds the law.
  • ConLibF... Walt 2012/06/30 19:52:39
    ConLibFraud
    +7
    They are all bought and paid for. The politicians, judges and media. Any wonder why America is toast?
  • DJL Walt 2012/06/30 20:05:23
    DJL
    +8
    I believe Roberts set Obamacare up to be struck down and he did iin a way that will get a lot of Deocrats voted out in November.
  • tommyg ... DJL 2012/06/30 21:13:09
    tommyg - POTL- PWCM-JLA
    +4
    crossed fingers

    I hope you're right.
  • wysiwis DJL 2012/07/01 01:49:58
    wysiwis
    +1
    Food for thought!
  • TheTailor DJL 2012/07/01 04:59:11
    TheTailor
    I agree, and he did it WITH the leftists on the court, smooth move ;-) Obamacare if not lost completely, has been defanged.
  • Pedro D... DJL 2012/07/02 04:27:52
    Pedro Doller ~POTL-PWCM~JLA
    It's like deleting a program off of your computer, you think the program has been deleted but it leaves lots of files, dll's and codes through out your system. It will be a monumental job to ferret out all the little pieces, taxes, Federal Staff, medical information gathered by the IRS, plus undo all the restructuring done by business', rehire staff laid off because of this. This law and all of it's malignant offspring needs to be repealed and time is now the enemy. Just so everybody knows that Humpty Dumpty can't be put back together again. It will take decades to clean up after this bill.
  • DJL Pedro D... 2012/07/02 05:42:13
    DJL
    +1
    I still believe Obama is ineligible. When the truth comes out it will help clean up all the crap Obama has done to the country.
  • Pedro D... DJL 2012/07/02 10:26:52
    Pedro Doller ~POTL-PWCM~JLA
    I believe that it will come out who he really is someday. I'm sure Mr Fix it Holder has been going around fixing any witnesses that might whistle blow, but someone will reveal who he is. His DNA has been collected by plenty of spook squads. We'll have to track everything that he did and make sure it's undone. To bad, that effort could have been put towards something positive.
  • mountai... Pedro D... 2012/07/04 19:29:57
    mountainman
    +1
    My Company (I've heard through the grapevine) is considering dropping any health care coverage for it's employees and paying the penalty to the government. This is because it would cost more to provide insurance than it would to just pay the penalty. Just sayin'.
  • Pedro D... mountai... 2012/07/05 04:14:33
    Pedro Doller ~POTL-PWCM~JLA
    I bet they don't give you the money they spent on insurance so you can buy your own. Plus individual plans are almost double of the group plans. Once your employer drops the insurance, it is unlikely they will get insurance again if 0-care is repealed.
  • zapped Walt 2012/07/01 00:30:21
    zapped
    +1
    when obama forced Justice David H. Soute to retire early ..then appoint sotomayor ..then kegan ..I lost all confidence in the highest court in the land as well ..

    now I have extreme allegance to the const, flag , national anthem ,, but no faith /nor use for any in the admin ,supreme court , any more ..unless something big happens ,"we the people are screwd "

    and after repeated demands from senators who arent listening to the people any more ..there against the people as is the govt .
  • Pedro D... Walt 2012/07/02 04:16:16 (edited)
    Pedro Doller ~POTL-PWCM~JLA
    +1
    The entire Federal Government is under a Mafia Martial Law. No decent will be tolerated. Time to focus attention on control of all 50 states so they can hold a constitutional convention and disband this Federal Government and replace it with a constitutionally based Federal Government.

    http://www.nolanchart.com/art...

    http://www.opednews.com/artic...

    http://gunnyg.wordpress.com/2...

    http://www.apfn.net/doc-100_b...

    http://www.sodahead.com/unite...
  • mountai... Pedro D... 2012/07/04 19:40:51
    mountainman
    +1
    I wonder how they got away with this one?


    Original U.S. Constitution

    Art. I Sec. 8 Cl. 5
    [Congress shall have Power ... ] To coin Money, regulate the Value thereof, and of foreign Coin, ...;
    Art. I Sec. 10 Cl. 1
    [No State shall ...] make any Thing but gold and silver Coin a Tender in Payment of Debts; ...
  • No nonsense NanC...don't BS... 2012/06/30 18:56:03
    Agree.
    No nonsense NanC...don't BS me!
    +6
    All bills for raising revenue shall originate in the House of Representatives.

    Clever point............
  • Philo-Publius 2012/06/30 18:48:53
    I have another idea...
    Philo-Publius
    +5
    I have a question I've asked on here, but for which no one seems to know the answer (maybe someone here will):

    If they can't prosecute you for not paying the tax, what CAN they do? What teeth does the tax have? I thought for sure that Roberts specifying in his opinion that Americans could not be prosecuted criminally for refusing to pay (in the snippet I read) meant that all other civil collection channels were open to the IRS, but here we have on this very news/opinion vlog it being put forward that levies (and I presume garnishments and liens?) are also off the table:
    screen2
    Can they garnish your wages if you owe this tax and refuse to pay? Can they lien your home? If not, what incentive would anybody have to pay it?
  • Stryder Philo-P... 2012/06/30 19:06:06
    Stryder
    +4
    I'm assuming they'll garnish your wages, just like they do for other tax penalties. Of course, that's only an assumption, not grounded in fact. Just my theory.
  • Walt Philo-P... 2012/06/30 19:11:10
    Walt
    +8
    Everything is incremental with these Marxists. A law today that doesn't have teeth will be a pitbull tomorrow.
  • Old Sol... Philo-P... 2012/06/30 19:19:41
    Old Soldier
    +3
    The government has set the tax at 95 dollars or 1 percent of a person's taxes. The tax, where businesses are concerned is a bit higher.
  • rocat 2012/06/30 18:48:46
    Agree.
    rocat
    +6
    constitution unconstitutional-

    that's rich...eh???

    this is so not about health care-
  • zapped rocat 2012/07/01 00:32:24
    zapped
    +3
    precicely ......!
  • mk, Smartass Oracle 2012/06/30 18:39:58
    Undecided
    mk, Smartass Oracle
    Oh man, this legal jargon is over my head.
  • Shadow13 2012/06/30 18:39:18
    I have another idea...
    Shadow13
    I think someone is just butt hurt cause something didn't go his way... Well you can always go to Somalia, no big government and all the guns you want.
  • TheTailor Shadow13 2012/07/01 05:05:10
    TheTailor
    How would that be when the commerse clause point was thrown out, there are no teeth if you don't pay the tax, and the fed can't force the states to expand Medicare?
  • Temlakos~POTL~PWCM~JLA~☆ 2012/06/30 18:29:22
    Agree.
    Temlakos~POTL~PWCM~JLA~☆
    +9
    I covered the Purpura case from the day that Nick Purpura and Don Laster filed it. I have written extensively on all of their fifteen counts covering the nineteen violations. From the origination of the bill in the Senate instead of the House, to providing for an "eighth armed force" with a four-year appropriation instead of a two-year, to making an Electronic Medical Record subject to unreasonable and unwarranted search and seizure--you name it, I covered it.

    And no one ever explained to me, if those two men did not have "standing" to sue on this matter, who *would* have standing.

    The problem: even the Florida plaintiff group, and the NFIB, never brought the faulty origination before the Court. Nor did they bring the search and seizure, or the religious-discrimination element, or the differential export product taxation, or anything except the Commerce Clause and the Tenth Amendment. Somebody should bring all these other things before the Court. Any Court.
  • Chi~Cat Temlako... 2012/06/30 19:18:35
    Chi~Cat
    +2
    Bravo, Tem. Thank you so much for bringing this to the front as I have learned so much from you.

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