Although Senate Minority Leader Mitch McConnell agreed to allow Democrats to move up the vote on the Senate version of ObamaCare so that Congress could go home for Christmas, Republicans are far from giving up the fight.
(AP Photo/Jose Luis Magana) Dems Harry Reid, Chris Dodd, Tom Harkin.
Even before Congress has a chance to work out a successful compromise between the House and Senate versions of the bill after the holidays, Congressional Republicans and conservative organizations are preparing legal challenges to the bill should it reach Obama's desk.
At issue are at least three glaring Constitutional problems with the healthcare 'reform' measure Obama and the Democrats seem determined to approve over the loud protests of the American people.
First, U.S. Senator Jim DeMint, R-SC, points to perhaps the most serious aspect of the bill. Senate Majority Leader Harry Reid, D-NV, slipped in a provision in his behind-closed-doors sessions that essentially forbids the Senate from amending the legislation in the future--EVER.
This entirely unprecedented and unusual move does nothing but highlight the fact that the bill is very unpopular with voters and with members of Congress who have kept their sanity.
In the United States of American NO piece of legislation is EVER considered automatically permanent. In our system of representative government, anything Congress does can be easily rescinded with a majority vote of Congress. This is how, for example, slavery was abolished. This is how women were given the right to vote.
Yet Harry Reid believes that so important is his healthcare bill that he would prevent future representatives from ever rescinding it, not to mention the fact that he knows the legislation is so unpopular that a repeal is the first order of business whenever Congress changes hands.
Reid must be deathly afraid that come November of 2010 the Maoists such as himself will get the boot.
Obviously, the Reid provision to prevent the rescinding of the bill runs headlong into Constitutional roadblocks, and Senator DeMint is committed to challenging the bill based on that provision alone.
Second, GOP Senator John Ensign is committed to challenging the legality of the bill at the point that mandates citizens purchase a product from a private seller. In addition, two non-profit groups, the Fund for Personal Liberty and the 10th Amendment Foundation, have stated they will file suit in federal court concerning this issue if the bill is approved. They will be joined in the lawsuit by the Washington Legal Foundation.
If this bill is approved by Congress and signed by Obama, it will be the first time in American history that citizens have ever been required by the federal government to purchase anything from anyone. And there is solid Constitutional precedent that confirms the protests of Ensign and the non-profit groups.
Third, the bill has already run afoul of the equal protection clause in the Constitution when the Democratic leadership granted special exemptions to the states represented by Senators whose votes were needed to reach the crucial 60 votes to approve the measure.
In what is being described as bribes, the Democratic leadership gave sweetheart deals to such Democratic Senators as Ben Nelson, Mary Landrieu, Chris Dodd, Independent Socialist Bernie Sanders, and Blanche Lincoln in order to secure their votes.
The problem lies in what they were given.
In Nelson's case, the Democrats in the Senate gave a permanent exemption to the state of Nebraska--Nelson's home state--from ever having to pay for Medicaid increases for its citizens.
Who, then, will pay for Nebraska's Medicaid population? The taxpayers in the other states, who themselves will be saddled with the burden of rising Medicaid costs for their own citizens.
The Attorney-General for the state of South Carolina, Henry McMaster, is looking into the possibility of challenging the provision on the grounds that it violates the equal protection clause for ALL citizens in ALL states.
McMaster is being joined by the state of Tennessee, the non-profit group Liberty Legal Institute, and even the Attorney-General of Ben Nelson's own state of Nebraska.
Given that our elected representatives in Congress have clearly lost their minds and their legal compass, much could be done to restore Americans' confidence in their government if the courts would strike down this healthcare monstrosity for what it is--an unconstitutional attack on the liberties of the people and the very Constitution that is supposed to protect those liberties.
Source: Fox News--'Healthcare Bill Could Face String of Legal Challenges'
For commentary on other issues, visit my blog at The Liberty Sphere.
Comments
You are sick anti American,and neo con repubb sore loser!
Of course, it's unconstitutional. I would add that the ratemaking structure it imposes on insurance companies is also grounds for a challenge, because that structure has mandates and cost controls but does not guarantee a reasonable rate of return for insurers' investments. That reasonable return hurdle is a standard feature of all govt. actions to create what are essentially public utilities. Moreover, the hurdle also includes a finding that the industry in question is not competitive AND has no reasonable prospect of being competitive. Both of those standards are not met---health insurance is competitive and could easily be more competitive if Congress allowed companies to sell insurance across state lines.
This is not American jwand, this is - yes - Socialism.
The liberal commies are going to regret this treasonous piece of trash legislation. All you worthless liberal scum can be proud of your criminal leaders. They have just added another tax to the struggling american people with the point of a gun. Of course thats the only way that communism can work yes? Its not about what the voters want...its about what the control freaks in D.C. want. Does the word liberal even stand for liberty? Or is it just another fake name like all the other fake lib propoganda?
This is OUTRAGEOUS.
God help us.
very nice presentation of likely fallout. The court battles are "our" only hope of stopping this, and it will be the course of appeals for a long time to come. The only good news is that implementation is far from happening at this rate. Jwand you are an uniformed tool, who mounts no constructive argument. What of the above article represents "anti American,and neo con repubb"? Just the fact that it opposes closed door legislation created under the guise of "public" health. How dare we question your masters? because they are not MY masters.
Jason
To jwand:
Americans that don't want the laws broken are "sick anti American"? On what planet are you living? If the Repubs had penned a bill that broke laws, you'd be screaming for arrests. This isn't about winning or losing, this is about America and the rule of law to protect all of us, (even you, even if you're stupid)but you are too engrossed in yourself and your little "me" world to see what should be obvious.
Another great article Anthony. It is like night and day between your articles and the liberal examiner on here. The liberal glosses over and usually fails to mention anything negative about the health care bill or anything else that might be negative on Obama. It would be a travesty to get your news from the ignorant libeal examiner.
If passed, the American people will revolt at the ballot box and elect people who will repeal this horrible bill. The Democrats will be finished for their utter disregard for the wishes of the American people, and their Anti-American socialistic ways.
I see in our future armed resistance to enforcers levying fines and jailing people who do not or cannot buy the mandated product. Then, I see enforcers upping the ante, kicking in doors and killing examples to others not to resist. After that, I see enforcers becoming an endangered species and politicians being exterminated when and where found.
I would really like to be wrong, but I think this is a push too far. If this becomes law, I cannot see them getting back from it fast enough to survive and/or avoid a great deal of bloodshed.
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