A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law. The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court. The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website. Thirty-six states chose not to
Justices are filled with as much fear of the regime as our elected congress. If they have families, they will make their final decision carefully in order to keep them safe. Not one will have the courage of their convictions to go against the dark Won. Have faith, but keep in mind that the odds are not in favor of America. The deck is stacked.
Rubio is out there today trying to "defund" Obamacare while he, and every other Republican have simply ignored the IRS ruling that allow Federal operated exchanges to give subsidies even though the law clearly states that only state operated exchanges are eligible for the subsidies.
This clearly shows the cowardice and stupidity of the Repubs. I have been yelling about this since Roberts ruled a penalty a tax. I cannot imagine how the Supreme Court can get around the clear letter of the law, I´m sure they will find a way to delay it so long that itwill become a moot point.
Putting on my tinfoil hat. I smell a very big Lib Rat. U.S. District Judge Paul Friedman was a Clinton appointee. Could this be a set up, he strikes down the law and then they somehow push the meme that Conservatives destroyed the law.
I was wondering what happened to this approach. Since I had heard nothing about it for many months I just assumed a liberal judge had thrown out the case. Interesting that even now we only get an update from a foreign news source. Our gutless republicans should have been fighting Zippycare on all fronts, including this one.
Perhaps #8 is right. Now that the health control law is failing spectacularly and dragging the statists down with it, having it stopped this way would stop their slide down the bowl and they would forevermore claim that Zippycare would have been a great success if evil conservatives hadn´t gotten it ruled unconstitutional. I gladly pay that price though to avoid the nation wrecking disaster that is zippycare
They will absolutely blame Republicans if this law is stopped. So what? That is what we have been demanding that they do. I don´t care how they do it. The Republicans in Congress have obviously given up so let the lawyers give it a whirl.
If an injunction is issued so be it. It would be a great day to see the liberal´s favorite branch of government bite them in the *ss. Still, hanging hope on this feels a bit like looking for a pony or a bb gun after all the Christmas presents have been opened. I´m not holding my breath.
Once again, the Brits sending over the real deal. Even the Daily Mail, albeit a progressive rag, now doing its job. Indeed, if this one makes its way to the Supremes, that Roberts wakes up this time instead of going along to get along. None of this Stockholm Syndrome stuff next time, Judge Roberts. You to, pubbies.
The poison pill as been in the open all along, if you know the Constitution. This is a revenue (tax) bill that originated in the Senate and the Constitution requires ALL revenue bills to originate in the House. It´s called the Origination Clause.
I don´t understand why all of the "Constitutional Scholars" out there don´t seem to know this.
Suppose they dropped the ACA tomorrow...claimed it a failure or unconstitutional. THEN what? The Ins. companies have already retooled their policies, sent their "we´re sorry" letters, etc. All those folks cancelled would be in total limbo, still needing to get a policy, but now all the private policies COST more. We are screwed either way!!!
Every time a new way to stop this abomination pops up, I get my hopes up only to be disappointed when it comes to naught. Frankly, I doubt this will be any different but I can´t help myself, I hope it will be. I just can´t fathom this great country being brought down by these clowns.
Well maybe the Clinton appointed judge is going to do the Clintons a favor as the Arkansas duet don´t really like Obama? If it goes to the Supremes, that will be a home game for the democrats as in victory. As subjective as Roberts was before, he´ll do it again. The whole subsidy concept is laughable, especially applied to ACA. It might as well be a rebate on a Ford Pinto or Chevy truck with the side saddle gas tanks.
All the states had a high risk pool for uninsured with preexisting conditions. As part of ACA (Obamacare) a federal pool was created. The enrollment was predicted to reach 625,000 almost immediately, but growth was slow. The federal pool finally reached 100,000 around the first of the year, at which point they realized that the $5 billion might not stretch til 2014. This was the core group for whom Obamacare is a real savings. Somehow the Obamacare PCIP has managed to cost between 3 and 5 times the average cost of the state high risk pools. Now is the time to determine whether we need to continue to have a PCIP (preexisting conditions insurance pool) separate from healthy insured people in Obamacare.
Like most here, I am extremely angry that John Roberts twisted the definitions of "tax" and "penalty" by trying to make them synonymous.
A penalty is punitive and is meant to be a punishment. That doesn´t make it a tax.
A tax, while burdensome to some, is not necessarily meant as punishment. A tax is a method of collecting a small sum of money from everyone to maintain things all citizens enjoy.
There are exceptions, though. When a person drives on a toll road, every vehicle has to pay the "toll" to use that road - it doesn´t matter how wealthy or poor the driver is. The toll is not meant to be punitive, it is merely a way to pay for the road over a period of years. The toll is generally a small charge and isn´t likely to bankrupt those who drive on the toll road.
However, if a driver decides he/she doesn´t want to pay to drive on said toll road and there is another road that will get the driver to the same place he is going, then the driver is free to make that choice. Just because the "other" road might not be as well maintained or might take a little longer to get to the final destination, the driver can make the choice to not pay the "toll" and to go the different route.
There is no penalty in not using the toll road. But in not buying health insurance, the non-buyer will be punished - small penalty for first year of not buying, but in ever-increasing amounts in subsequent years. Finally the non-buyer will either relent or he will go to the new debtor´s prison.
I would not get to excited about this ruling by a District Judge to allow the lawsuit to go forward as that does not mean that he will rule against the Obama crew in the end. Anyway it will take a long time for this to reach the US Supreme Court which would then have to accept the case. In the meantime look for the Obama crew to get the law changed and make all this moot.
Sorry for another comment, but just wanted to respond to #19´s rather defeatist comment: Suppose they dropped the ACA tomorrow...claimed it a failure or unconstitutional. THEN what? The Ins. companies have already retooled their policies, sent their "we´re sorry" letters, etc..
I imagine the insurance companies can come up with some sort of rollback pricing and opportunities to come back to their company. Once businesses feel a lot more secure that they will be able to continue, they will begin hiring again.
My point is, first and foremost, to have a "can do" attitude about our good fortune if the ACA is declared a failure or unconstitutional. We must think like Winston Churchill:
"A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”
"Success is not final...Failure is not fatal...it´s the courage to continue that counts”
and above all:
"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”
Since there are far too many liberal judges sitting on the bench, I´m not too excited about this news. For some reason, liberal judges seem to be very happy and pleased to create law from the bench. And I don´t see any of them changing their strips with this one. As such, I´m just going to keep my power dry, buy more ammo, and wait as see what the outcome is.
No worries. If the case should make it to the Supreme Court, John Roberts will just read the litigation through a funhouse mirror, translate it into interpretive dance, and find further justification for raping our Constitution yet again....
I found the law suit and ehre are the re4ference from that law suit (public record)
§ 36B(b)(2)(A) (emphasis added). Therefore there is no premium-assistance subsidy under the Act unless the citizen pays for insurance obtained through a State-established Exchange. Confirming the point, the statute calculates the subsidy by looking to“coverage months,” defined as months in which the taxpayer “is covered by a qualified health plan described in subsection (b)(2)(A) that was enrolled in through an Exchange established bythe State under section 1311 of the Patient Protection and Affordable Care Act .” 26 U.S.C. §36B(c)(2)(A)(i) (emphasis added). Again, unless the citizen has enrolled in a plan through aState-created Exchange established under § 1311 of the ACA
#18 - Re originating in the House...As I recall, the Senate took a resolution passed by the House - I think it had to do with veteran housing - stripped out all the language, then inserted the language of the ACA. This was done because they could not muster 60 votes (Scott Brown) but needed only 51 for reconciliation.
Correct #39 and that is illegal too. Harry reid should be immediately removed from the Senate based on committing an unconstitutional high crime. As to what ever they have on Roberts if anything we the people should grant him immunity that allows him to escape from the Obama blackmail business if he outs that act against him.
Reply 42 - Posted by:
rock n robin, 10/24/2013 10:50:35 AM (No. 9580165)
Maybe this has been dealt with elsewhere, but: Since Roberts declared the penalty to be a tax and tax bills originate in the House, I´m not sure why the Repubs can´t legislate that the penalty=tax will be changed to, say, $10.00 and this amount can never be increased in future years. This might be a way of making the ACA toothless.
A nation founded by pilgrims who came here to worship the God of the Bible freely without interference and persecution from ruling elites and those opposed to Christianity´s influence on the culture, has now come to the proverbial fork in the road. After years of attempting to balance traditional Americana with political correctness, those pushing the new "my way or the highway" definition of "tolerance" have decided accommodating our differences of opinion is defeat. Irrefutable history documents that the Bible and its teachings were the biggest influence on those that founded the freest and most prosperous nation in human history. Yet
Berlin — The shadows deepen and lengthen, memories grow dim, and some of the survivors of the tragedies of World War II scramble to preserve the recollections before the colors fade to gray. There’s no shortage of ghosts prowling the cities and countryside of Europe. Remembrances of monstrous evil lie all about. None have tried harder than the progeny of the Germans who started it all to learn from the past, and recall without flinching the scourge and stain on history that is still unfathomable three-quarters of a century later. An exhibit of photographs of the Nazi era, with the
Amid workers alleging union-busting by an NBC Universal-owned company, MSNBC’s prime-time host Chris Hayes recently met privately with a group of them to hear their concerns, according to several people present at the meeting. Hayes is one of five prime-time MSNBC hosts – along with Rachel Maddow, Al Sharpton, Lawrence O’Donnell and Ed Schultz – whose support the Writers Guild of America–East is seeking in an ugly labor struggle with Peacock Productions, which is owned by NBC Universal and has produced programming for MSNBC. A petition posted by the AFL-CIO and hosted by MoveOn.org
No one can argue with the fact that Paul Ryan’s compromise budget bill raises taxes and increases spending. Show me one Republican who got elected on that platform. Spare America the Orwellian word games. If the government is taking money out of your pocket to fund its growing Big Brother operations, it’s a tax. Whether money is taken from you via your phone bill, your airline ticket, or your income, it’s a tax. If politicians can’t be honest about this, it’s time to go home. The TEA Party’s very acronym stands for “Taxed Enough Already.” We sent these politicians to Congress
New enrollment figures show health-insurance exchanges nationwide are attracting more customers, but the Obama administration said that it has more work to do to get enough younger, healthy people into the system. The administration said Wednesday that as of Nov. 30, nearly 365,000 people nationwide had selected private health plans in the exchanges created by the Affordable Care Act—sharply up from October, but still far from the seven million level officials are hoping to achieve by March 31. Health and Human Services Secretary Kathleen Sebelius faced renewed criticism of the health-care law´s rollout at a House hearing Wednesday. Republicans suggested the plans
New York — Big Brother could be at your favorite store. As CBS 2´s Don Champion reported, a growing number of stores are using discrete and sophisticated technology — including mannequins with facial-recognition cameras hidden in their eyes — to track shopper demographics in an effort to boost sales. Retailers say the marketing data technology allows them to cater their business to customers better, but it’s also raising privacy concerns. Alfonso Perez built a system called Shopperception that Walmart has utilized. It uses motion-sensored cameras to track a shopper’s product choice on a shelf and the time it takes to make a
The new debt run up by the federal government since House Speaker John Boehner cut his first spending deal with President Barack Obama has now topped $3 trillion—exceeding all the debt accumulated under all American presidents from George Washington through Ronald Reagan. Boehner became speaker in January 2011, after the Republicans won a majority of the House of Representatives in the 2010 elections. He cut his first spending deal with President Barack Obama on March 1, 2011, and that deal took effect after March 4, 2011 when the continuing resolution then funding the government expired. Since then, the federal
Moscow - Speak Russian or be silent. Nationalist lawmakers want to ban foreign languages at the workplace - a rule that would leave some foreigners speechless, from menial laborers from former Soviet states to Western business executives in suits and ties. Two deputies from flamboyant ultranationalist Vladimir Zhirinovsky´s party introduced a bill on Thursday that would bar Russians and foreigners from speaking foreign languages on the job during working hours, state-run RIA news agency reported. It cited a summary of the proposal as saying that many foreigners do not know Russian and "speak amongst themselves in their own language
Pyongyang, North Korea — North Korea said Friday that it had executed Kim Jong Un´s uncle as a traitor for trying to seize supreme power, a stunning end for the leader´s former mentor, long considered the country´s No. 2. In a sharp reversal of the popular image of Jang Song Thaek as a kindly uncle guiding leader Kim Jong Un as he consolidated power, the North´s official Korean Central News Agency indicated that Jang instead saw the death of Kim´s father, Kim Jong Il, in December 2011 as an opportunity to challenge his nephew and win power. Jang had been tried and
By the early 2020s, we will have the means to program our biology away from disease and aging. Up until recently, health and medicine was basically a hit or miss affair. We would discover interventions such as drugs that had benefits, but also many side effects. Until recently, we did not have the means to actually design interventions on computers. All of that has now changed, and will dramatically change clinical practice by the early 2020s. We now have the information code of the genome and are making exponential gains in modeling and simulating the information processes they give rise to. We also have
Uruguay has become the first country in the world to make it legal to grow, sell and consume marijuana. After nearly 12 hours of debate, senators gave the government-sponsored bill their historic final approval. The law allowing registered Uruguayans over 18 to buy up to 40g (1,4oz) of the drug a month is not expected to come into force before April. The government hopes it will help tackle drug cartels, but critics say it will expose more people to drugs. Dozens of supporters of the bill proposed by the left-wing President Jose Mujica gathered outside the Congress in Montevideo to follow the vote. Presenting the
Nelson Mandela was an important man, a public man of native gravitas, certainly a patient man, and maybe a great man as our age measures greatness. It’s too soon to know. We’ll have to wait until we can get Mandela without the tears. It’s a characteristic of our age that we swing to and fro in measuring men, causes and events. An honorable death sometimes grants heads of state, kings, princesses, politicians and aspiring potentates a temporary idolatry that becomes embarrassing only later. Assassinations are a category unique, of course. John F. Kennedy, in the days following his death, was widely acclaimed
Is this man simply expressing his beliefs or spewing bigotry?Either way, Phil Robertson, the patriarch in A&E´s "Duck Dynasty," won´t be duck calling on air anytime soon. The network suspended him after slamming gays in a magazine interview. In the January issue of GQ, Robertson said homosexuality is a sin and puts it in the same category as bestiality and promiscuity. "It seems like, to me, a vagina -- as a man -- would be more desirable than a man´s anus. That´s just me. I´m just thinking: There´s more there! She´s got more to offer. I mean, come on, dudes! You know
A&E broke its silence on Duck Dynasty star Phil Robertson’s anti-gay comments late Wednesday. The cable network announced Robertson is off the hit show for the time being. The network issued the following statement to EW: “We are extremely disappointed to have read Phil Robertson’s comments in GQ, which are based on his own personal beliefs and are not reflected in the series Duck Dynasty. His personal views in no way reflect those of A+E Networks, who have always been strong supporters and champions of the LGBT community. The network has placed Phil under hiatus from filming indefinitely.”
President Barack Obama sent Russia a clear message about its treatment of gays and lesbians with who he is — and isn’t — sending to represent the United States at the Sochi Olympics. Billie Jean King will be one of two openly gay athletes in the U.S. delegation for the opening and closing ceremonies, Obama announced Tuesday. For the first time since 2000, however, the U.S. will not send a president, former president, first lady or vice president to the Games. Russia has come under fierce criticism for passing national laws banning “gay propaganda.” Though the White House did not specifically address
The gay and lesbian rights group GLAAD is slamming ´Duck Dynasty´ patriarch Phil Robertson for comments he made about homosexuality to GQ magazine, and challenging the show´s network, A&E, to take action against its most popular star. In a wide-ranging interview, Robertson shared his thoughts on homosexuality and religion. After stating in very graphic terms his preference for heterosexual sex over homosexual sex, Robertson launched into more thoughts about homosexuality and sinning. “Everything is blurred on what’s right and what’s wrong... Sin becomes fine,” he said.
Yes, she really said it. On CNN’s Piers Morgan Live Tuesday, in a brief discussion about President Obama, Barbara Walters actually said, “We thought that he was going to be - I shouldn´t say this at Christmastime, but - the next messiah” (video follows with transcript and commentary): PIERS MORGAN, HOST: You have interviewed every president of my lifetime. Why is Obama facing so much opposition now? Why is he struggling so much to really fulfill the great flame of ambition and excitement that he was elected on originally in 2009?
Everyone is doing thoughtful year-end pieces on President Obama. Writers and reporters agree he’s had his worst year ever. I infer from most of their essays an unstated but broadly held sense of foreboding: There’s no particular reason to believe next year will be better, and in fact signs and indications point to continued trouble. I would add that in recent weeks I have begun to worry about the basic competency of the administration, its ability to perform the most fundamental duties of executive management. One reason I worry is that I frequently speak with people who interact with the White
O ne year removed from re-election, President Obama´s approval rating has sunk to the lowest level of his presidency. Furthermore, Obama´s popularity among the Democratic Party base — whose rejuvenated support proved crucial last November — took a huge hit this past year. Only 54 percent of self-described liberals "very strongly" approve of Obama´s job performance, according to a Pew survey released this week. That´s down from an all-time high of nearly 90 percent, and a significant decline from the 73 percent who strongly approved of the president back in June. Why the steep drop? Well, the first year of Obama´s second term
John Podesta was just named as a new senior-level adviser to President Obama last week, but he´s already ruffling Republican feathers. In a profile published late Tuesday night by Politico Magazine, Podesta is quoted comparing Republicans to the infamous cult led by Jim Jones, who was responsible for the 1978 cyanide poisoning of more than 900 of his followers in Guyana. "They need to focus on executive action given that they are facing a second term against a cult worthy of Jonestown in charge of one of the houses of Congress," said Podesta of what Obama´s White House team faces.
Hours after we reported that Duck Dynasty star Phil Robertson dropped some illogical “logic” on homosexuality during his GQ interview, his home network A&E decided to indefinitely suspend him from the show. While Robertson’s comments were hilariously ignorant, they were predictable — especially given his family’s socially-conservative, Bible-loving image. Suspending the lead character for his wholly predictable comments is not only an overreaction but a gross misstep. To recap: The Duck Commander patriarch remarked to the men’s magazine that homosexuality is on par with bestiality, and used fifth-grade “logic” to imply that homosexual men should give up their ways of choosing a
The U.S. Army War College, which molds future field generals, has begun discussing whether it should remove its portraits of Confederate generals — including those of Robert E. Lee and Thomas “Stonewall” Jackson. Nestled in rural Pennsylvania on the 500-acre Carlisle Barracks, the war college is conducting an inventory of all its paintings and photographs with an eye for rehanging them in historical themes to tell a particular Army story. During the inventory, an unidentified official — not the commandant, Maj. Gen. Anthony A. Cucolo III — asked the administration why the college honors two generals who fought against the United States,
A&E has placed Duck Dynasty patriarch Phil Robertson on indefinite hiatus following anti-gay remarks he made in a recent profile in GQ. "We are extremely disappointed to have read Phil Robertson’s comments in GQ, which are based on his own personal beliefs and are not reflected in the series Duck Dynasty," A&E said in a statement. "His personal views in no way reflect those of A+E Networks, who have always been strong supporters and champions of the LGBT community. The network has placed Phil under hiatus from filming indefinitely." The news comes after Robertson compared homosexuality to bestiality in an interview
The Ivy-League educated half-brother of President Obama is publishing his autobiography in which he makes the shocking claim their father dished out alcohol-fueled beatings to him and his mother and in one terrifying instance held a knife to her throat. Mark Obama Ndesandjo, 48, also uses his new book to set the U.S. president straight on inaccuracies he claims exist in his best-selling 1995 memoir Dreams From My Father and confirms they have never seen eye-to-eye because ´Barack thought I was too white and I thought he was too black.´ The self-published book, Cultures: My Odyssey of Self-Discovery, which will be