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.
The Obama administration on Tuesday said it plans to review the privacy implications of facial recognition technology. Lawmakers and privacy advocates have expressed fears that tech companies and government agencies are using facial recognition technologies to track people, often without their knowledge. The Commerce Department said it recognizes those concerns and will work with tech groups, privacy advocates and online advertising trade associations to identify them. “Facial recognition technology has the potential to improve services for consumers, support innovation by businesses, and affect identification and authentication online and offline,” said Larry Strickling, the administrator of Commerce’s National Telecommunications and Information Administration (NTIA). “However, the
Consider it an attack of the drones — and pork is on the menu. Feral pigs in America’s deep South are a major problem for farmers and civilians alike, with the porcine predators causing an estimated $1.5 billion annually in damage to crops and wildlife. Enter the Louisiana Hog Control, an extermination company launched in 2011 by a couple of engineers determined to make a dent in the thriving pig population. Using a radio-controlled airplane equipped with a thermal-imaging camera as a spotter and a hunter on the ground, Cy Brown estimates he and his partner, James Palmer, have killed roughly
Norman Rockwell, long America´s favorite mass-market painter, now has auction records to match his popularity. Saying Grace, one of his masterpieces, sold for $46 million at auction today — a price three times higher than his previous record. Also, two other iconic paintings by Rockwell, who died in 1978, sold for a total of nearly $12 million, according to the Associated Press. No word yet on who bought the paintings. It was Grace that drew all eyes at Sotheby´s in New York. It is an affecting image of a crowded restaurant with a little boy and a woman bowed in prayer at their
Corporate CEOs are growing more optimistic about the economy, and a budget deal in Washington would help push next year´s growth higher, according to a survey released by the Business Roundtable Wednesday. The business lobby´s CEO confidence index rose to 84.5 in a fourth-quarter survey of 120 chief executives, compared with 79.1 last quarter. The survey measures expectations for economic activity over the next six months. A reading above 50 points to economic expansion. "CEOs expect modest improvement in the outlook for economic expansion in the first half of 2014,´´ Business Roundtable Chairman James McNerney said on a conference call. "The survey
Washington -- Two members of the Tennessee congressional delegation have found a new way to challenge President Barack Obama´s health care reforms. Reps. Marsha Blackburn, R-Brentwood, and Phil Roe, R-Johnson City, are part of a friend-of-the-court brief filed in November that contends the various taxes in the 2010 Affordable Care Act are unconstitutional because they were put there by the wrong chamber in Congress. The brief, filed in the case of Sissel vs. U.S. Department of Health and Human Services before the U.S. Court of Appeals for the District of Columbia Circuit, argues Congress violated the "origination clause" of the Constitution in
Vatican City – Pope Francis met Monday with Prime Minister Benjamin Netanyahu in a closed-door meeting at the Vatican to discuss matters that are highly political and an illustration of the pontiff´s increasing willingness to weigh in on global affairs. The Israeli government said Netanyahu talked with Francis about the Iranian nuclear program, negotiations between Israelis and Palestinians and the fate of Christians living in the Holy Land and throughout the Middle East. The 25-minute meeting comes after Francis´s private Vatican get-together last week with Russian leader Vladimir Putin. "During John Paul II´s declining years, and throughout Benedict XVI´s papacy, the Vatican was
Pope Francis revealed that he once worked as a bouncer at a nightclub in Buenos Aires — and it´s starting a big conversation on social media, calling Francis the coolest pope ever. Jon Favreau (@jonfavs) tweeted a suggestion for an off-beat dramedy about the pope as a bouncer: "Heaven can wait, and So Can You." Charles Blow (@CharlesMBlow) tweeted "The Pope comes out with something cooler every week… If he releases a mix tape it will be all over." So just how cool is Pope Francis? A quick scan of headlines shows a lot about how he relates to the faithful: He drives
Exclusive: History scored big with its blockbuster The Bible miniseries. Now the cable network is exploring another project about Jesus that would portray him in a more controversial light. I’ve learned that the network is finalizing deals for the project, from feature writer Scott Kosar (The Machinist) and producers Eli Roth (the Hostel franchise) and Eric Newman (The Thing). Titled The Lost Years, the drama explores the undocumented years of Jesus’ life as a young adult. There is very little information about Jesus’ life from about the age of 13, following a pilgrimage to Jerusalem he took with his parents,
No one is safe. CNN boss Jeff Zucker is a step closer to shaking up HLN, the cable news network’s sister channel, sources tell The News. While Zucker has remained elusive about changes in mind for HLN, a source close to the situation tells The News that “nothing is off the table.” That includes possibly dumping firebrand Nancy Grace, whose acerbic personality was a huge part of last winter’s highly rated coverage of the Jodi Arias murder trial. In September, Zucker tapped cable veteran Albie Hecht to run HLN. Hecht, who has no real background in news, has specialized in entertainment programming at the
The total number of people in the United States now receiving federal disability benefits hit a record 10,982,920 in November, up from the previous record of 10,978,040 set in May, according to newly released data from the Social Security Administration. The 10,982,920 Americans taking disability benefits in November outnumbered the total population of Greece, which is 10,772,967, according to the Central Intelligence Agency. The record 10,982,920 total disability beneficiaries in November, included a record 8,941,660 disabled workers (up from 8,936,932 in October), 1,883,594 children of disabled workers, and 157,666 spouses of disabled workers. November was the 202nd straight month that the number of
Rep. Debbie Wasserman Schultz (D-Fla.), the Democratic Party chair, says Obamacare is not a liability for members of her party who are running for re-election. "Any of our candidates will be able to run on Obamacare," she told CNN´s "Crossfire" Tuesday night. "Everyone is running on Obamacare -- perfect," responded Republican Party Chairman Reince Priebus, who appeared with Schultz. But pressed by Priebus on which Democratic Senate candidate -- Kay Hagan? Mary Landrieu? Mark Pryor? Mark Begich? -- would run on Obamacare, Schultz would not name names. "Any of our candidates will run on the fact that a young adult can stay on their
A number of prominent lay Catholics are taking issue with New York Cardinal Timothy Dolan’s statement on NBC’s “Meet the Press” Sunday that were it not for the Obamacare´s treatment of abortion, undocumented immigrants and provisions that require they violate the "dictates of our conscience," Catholics would be among the loudest “cheerleaders” for Obamacare. When “Meet the Press” host David Gregory asked the cardinal whether he supports the “overall goal” of Obamacare, Dolan replied that the Catholic bishops were “early supporters” of universal health insurance and should be its “cheerleaders” now. “What about Obamacare? You have voiced your displeasure with certain aspects
I have never been much of a conspiracy theorist. For me it was always Oswald by himself from the Texas School Book Depository and nothing in the intervening fifty years has disabused me of this notion. For the most part, I’m an Occam’s Razor kind of guy — the most obvious explanation is likely to be true. (Snip) To put it bluntly, Occam’s Razor has moved. Things that were once possibilities now seem almost certainties to me. Principal among those is that Obama’s academic records are perpetually unavailable for a reason — and that reason is most likely that they reveal
President Obama will cast growing income inequality and a decline in economic mobility as a “fundamental threat to the American dream” during a speech Wednesday in Washington. The speech will serve as an early preview for next year’s State of the Union address, according to a White House official, who said Obama would focus much of his energy over the next three years on the issue. “The decisions we make over the next few years will determine whether or not our children will grow up in an America where, if you work hard, you can get ahead,” the official said.
Good stuff from Jonathan Turley at today’s House hearing on executive power, although I regret that I couldn’t find a more user-friendly format for you to watch. There’s no compilation clip; you’ll have to make do with the C-SPAN embed by fast-forwarding to the time cues I give you and being patient while the vid buffers (and buffers, and buffers).(Snip)That brings us to point two: Even if Congress can’t stop Obama, the courts can. The problem there, though, says Turley, is that O and the DOJ have argued successfully in many cases that no one has standing to sue him
One of President Obama´s chief political assets has been his ability to excite young people like almost no politician in history. But the days of America´s youth fawning over the president are over. A new Harvard University Institute of Politics poll released Wednesday confirms what other surveys have shown in recent months: Millennials have soured on Obama so much this year that their opinion of him largely mirrors the American public´s. Even though Obama does not ever have to face another election, he should be worried about the findings for a couple of reasons, which we will dive into momentarily.
During a presentation at the White House in which President Barack Obama touted the benefits of the Affordable Care Act, the president declared that his signature health care reform law was not going to be repealed. This assertion led his administration members, his staff, and audience members to rise from their seats and give the president a standing ovation. Obama said that ACA opponents’ alternative to the health care reform law is to champion repeal and going back to the health care delivery system status quo ante. He specifically cited Sen. Mitch McConnell (R-KY) who he said was asked directly for
A woman has revealed how difficult it is to eat healthily and stay full when living off an average food stamp budget. Melinda Moulton, from Huntington, Vermont, was one of 200 people to take part in the 3Squares Challenge, which saw her living for a week on just $36 worth of food, or around $1.71 a meal. Opting to try and eat as healthily as possible, Ms Moulton resorted to cheap foods like yogurt for breakfast, two handfuls of peanuts for lunch and lentil stew for dinner, all of which left her unsatisfied.´I don´t know how people do it,´ said
[Video] President Obama on Wednesday declared that addressing income inequality would be the focus of “all” of the White House’s efforts “for the rest of my presidency.” In a sweeping address that touched on raising the minimum wage, investing in infrastructure and ending tax breaks for the wealthy, Obama warned that the American economy has become “profoundly unequal,” declaring economic mobility the “challenge of our time.” “The combined trends of increasing inequality and decreasing mobility pose a fundamental threat to the American dream, our way of life, and what we stand for around the globe,” he said in an hour-long
Just over two weeks ago, MSNBC host Martin Bashir delivered a harsh piece of commentary that culminated in the suggestion that someone should “s-h-i-t” in former Alaska Governor Sarah Palin‘s (R-AK) mouth. Bashir offered an abject apology on his next broadcast, but a chorus of critics continued to demand action against the host. After a reported “vacation” for the host earlier this week, Bashir announced, Wednesday afternoon, that MSNBC and Martin Bashir are parting ways. Here’s the statement from Martin Bashir, via email: After making an on-air apology, I asked for permission to take some additional time out around the Thanksgiving holiday. Upon
Nineteen people stood behind President Obama on stage in the Executive Office Building Tuesday as the president kicked off a new campaign to promote Obamacare. One of those people, a young Florida woman named Monica Weeks, introduced Obama after telling the story of being struck with Crohn´s Disease at age 19 and receiving expensive treatments for several years that were covered by her parents´ health care plan — because Obamacare allowed her to remain on that plan until age 26. Now, Weeks said, she has coverage through a job. "The Affordable Care Act gives young adults who are just starting
MSNBC has announced that Chris Matthews, Barack Obama´s most excitable fan, will be interviewing the President on Thursday´s Hardball. Fawning over the liberal politician is incredibly common among journalists, but Matthews has taken it to a whole new level. According to the network host, Obama is a "perfect," "cool," brilliant figure who is comparable to Jesus, Abraham Lincoln and John F. Kennedy. The verbose Matthews has no filter when it comes to the Democrat, even once bizarrely blurting out that an Obama speech made him "forget" that the commander in chief "was black." To prepare you for the likely love-fest
Continued global warming poses a risk of rapid, drastic changes in some human and natural systems, a scientific panel warned Tuesday, citing the possible collapse of polar sea ice, the potential for a mass extinction of plant and animal life and the threat of immense dead zones in the ocean. At the same time, some worst-case fears about climate change that have entered the popular imagination can be ruled out as unlikely, at least over the next century, the panel found. These include a sudden belch of methane from the ocean or the Arctic that would fry the planet, as
A stunning new study unveiled on Fox News´ Hannity finds that President Barack Obama’s White House calendar records just one face-to-face meeting between Obama and his Health and Human Services (HHS) Secretary Kathleen Sebelius in the more than three-and-a-half years leading up to the disastrous Obamacare launch. The startling statistic comes from a new Government Accountability Institute (GAI) analysis of Obama’s own official White House calendar, as well as the Politico presidential calendar, and raises new questions about Obama’s executive leadership and management throughout the implementation of his singular legislative achievement. More alarming still, the president’s schedule lists 277 private