Posted on 08/02/2010 12:57:03 PM PDT by Qbert
State challenges to the new healthcare law will fail, the White House confidently predicted Monday after a suit brought by Virginia's Republican attorney general moved forward.
Stephanie Cutter, an assistant to President Obama who was brought on board at the White House in part to help sell the signature domestic initiative, dismissed a court's ruling against a White House bid to dismiss the suit.
"Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government. This is nothing new," Cutter wrote on the official White House blog.
"We saw this with the Social Security Act, the Civil Rights Act, and the Voting Rights Act – constitutional challenges were brought to all three of these monumental pieces of legislation, and all of those challenges failed. So too will the challenge to health reform."
Virginia Attorney General Ken Cuccinelli (R) brought the lawsuit against the new healthcare law. He argues a provision requiring individuals to purchase health insurance or pay a financial penalty violates the Constitution's commerce clause.
The administration had sought to dismiss the suit, arguing Cuccinelli lacked standing to bring the court challenge. But a federal judge on Monday disagreed and allowed the suit to move forward.
Health and Human Services Secretary (HHS) Kathleen Sebelius also downplayed the decision, arguing it was merely a procedural move that has no bearing on the underlying issues.
"We remain confident that the case is solid," Sebelius told reporters during a phone call on the reform law's effects on Medicare spending.
Cutter emphasized that the court did not rule on the merits of the Virginia suit, but only on whether it could go forward.
"The court’s procedural ruling states only that the complaint could not be dismissed at this preliminary stage," she wrote.
The administration expected, as the case proceeds, to "prevail on the merits," the veteran Democratic operative wrote.
I remain confident that if this succeeds, it will be the start of a massive rebellion/revolution. It will be the seed that awakens America and dooms the Supreme Court.
They should be confident: they’ve got allies entrenched everywhere.
They view the ruling as a temporary setback...
Look, cockroaches do not stay out of homes forever. They always return...it takes constant vigilance to deter them. Same thing with these fascists.
The Pheds are so pumped up with helium and hot air. A court slaps down their B.S. claim that a governor does not have standing to sue, and they call it a “procedural move.” None of the three social law precedents claimed required Americans to buy a product or service; even SS was at its heart a tax, not a product or service (as its raiding by Congress has ironically underlined).
Perhaps the BO administration is confident that it has the authority to collect taxes according to the Constitution, and there are plenty of surprise taxes in the 2300 page HellCare bill.
The Washington Post reported in its July 17 edition that the federal government will be able to collect a tax of 3.5% on the sale of homes or other real estate beginning in 2013, proceeds of which will go to the failing Medicare program. No wonder Pelosi said there would be things in the bill that we tax drones would not find out about until after it was passed. I’m sure this tax comes as a surprise to the real estate industry.
“Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government. This is nothing new,” Cutter wrote on the official White House blog.
No, it’s not anything new. That is exactly what the WH did to Arizon’s immigration law that was passed by the democratically elected branches of the Arizona government.
But how are they going to enforce it....put half the nation in jail?? Confiscate everything we own??
Send us all bills.
The trick right now is that certain things don't go into effect until 2014.
You have GOT to be kidding me.
What an arrogant POS. Fits right in there at 1600 PA Ave, I suppose. They don’t give a rat’s behind that, what is it 55 to 70% of the actual American people/voters/taxpayers DO NOT WANT this healt care reform crap?
some news for any trolling libs: (quote)”Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government.”
There it is from the horse’s mouth... democrats think that, once they’ve been elected, the democratic will of the people stops there and they can do anything they want - just ask Pete Stark (D). Bully tactics against the people.
Yes, quoting Stark “ There is almost nothing that the Federal Government can’t do”. Well, there you have it, utter disregard for the U.S. Constitution!
I saw a different article that listed the tax, if applicable, at 3.8 % actually (p. 2 linked):
http://frontpagemag.com/2010/07/21/obamacare-is-repeal-within-reach/2/
March 28, 2010 Health law’s heavy impact Paul Guppy
http://www.spokesman.com/stories/2010/mar/28/health-laws-heavy-impact/
“But how are they going to enforce it....put half the nation in jail?? Confiscate everything we own??”
Good point. What exactly is the enforcement provision in Obamacare? I lost track after all the various machinations- the last time I checked, it was an individual “mandate”, but they specifically said they wouldn’t send people to jail for non-compliance, even though that was one of the initial proposals. So, if somebody has no income, and doesn’t pay the “mandate” or “tax”, or whatever they’re calling it, what happens to them?
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