Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Ted Cruz sees legal landmines ahead for Obamacare
The Washington Times ^ | December 9, 2013 | Tom Howell Jr.

Posted on 12/09/2013 9:15:19 AM PST by xzins

Sen. Ted Cruz, Texas Republican who helped engineer a lengthy government funding stalemate earlier this year in a bid to block money for the new health care law, said many aspects of the Affordable Care Act are “constitutionally or statutorily suspect” and that the entire law should be repealed.

“Democrats forced a government shutdown instead of agreeing to a congressional delay of Obamacare, but now the Obama administration is unilaterally delaying it,” he wrote in his report. “This undermines the rule of law.”

In July, the Obama administration announced a one-year delay of the employer mandate requiring larger firms to provide health insurance to full-time employees. Republicans criticized the move as an attempt to implement an unpopular provision after the mid-term elections. “Obamacare does not allow ‘official’ congressional staff to continue receiving pre-Obamacare federal health insurance plans; instead these staff are forced to go through the Obamacare exchanges to purchase health insurance,” he said. “So just like average Americans, these individual congressional staffers will have to purchase a plan for themselves.”

The outspoken freshman senator also said the health care law violates the Constitution’s so-called origination clause, because it raises revenue but the bill did not originate in the House. Instead, he said, Democrats played a “shell game” by stripping out language from an unrelated House bill to replace it with the health law.

He also comes down on the side of plaintiffs leading two high-profile legal challenges to the law.

His report says the Obama administration infringed on business owners’ religious freedoms by forcing larger corporations to insure contraception, and that it violated the plain language of the health care law by extending premium subsidies to states that let the federal government run their exchanges.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: 0carenightmare; cruz; obamacareillegal; tedcruz
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-62 next last

1 posted on 12/09/2013 9:15:19 AM PST by xzins
[ Post Reply | Private Reply | View Replies]

To: SoConPubbie
The Supreme Court is taking up the contraception case this term, and a federal judge is expected to rule on the subsidies issue later this month.
2 posted on 12/09/2013 9:17:38 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

Ted Cruz always talks sense and follows through without fear but when you have the attorney general and 3/4 of congress and Senate to protect you, I don’t get too excited.


3 posted on 12/09/2013 9:18:42 AM PST by albie
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

What does Obama care about the law or even the Constitution? He believes that HE is the law.


4 posted on 12/09/2013 9:19:29 AM PST by Blood of Tyrants (From time to time the.tree of liberty must be watered with the blood of tyrants and patriots.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

I don’t. If we were still a Nation where the laws applied to everyone, yes. But since that is no longer the case and given Obama’s track record for pissing on the Constitution when it pleases him, I see no problems for Obama down the road. I wish that we were the same people we were even as late as 2004. If we were, that imposter would not be currently occupying the white House.


5 posted on 12/09/2013 9:21:22 AM PST by sport
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants
What does Obama care...

PUN! :>)

He is definitely a "lawless one".

6 posted on 12/09/2013 9:21:45 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: sport; P-Marlowe

If we could get ObamaCare into the Supreme Court again, I think it could win. Why?

Not based on the merits of the case, but based on:

1. Democrats realizing they could well save their party by getting rid of it.

2. Republicans realizing they could enhance their party by getting rid of it.

3. Conservatives realizing it’s actually not constitutional and they could save their nation by getting rid of it.

Getting it to the Supremes could well be the easiest way to get this monkey off their back.


7 posted on 12/09/2013 9:24:42 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: xzins

Liberals own the courts, so legal or not, they will back Obamacare.


8 posted on 12/09/2013 9:25:10 AM PST by Farnsworth (Now playing in America: "Stupid is the new normal")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Farnsworth

see post #7.

I’m not so sure any more.


9 posted on 12/09/2013 9:26:12 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: xzins

All laws boil down to one thing. The people who enforce them must be will or able to do so.

Obama does not fear the law, or the courts.


10 posted on 12/09/2013 9:27:09 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: redgolum

Cruz is, according to many sources, a legal genius. I’m hoping he’s onto something.


11 posted on 12/09/2013 9:29:11 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: xzins

I have also heard the 14th Amendment mentioned but I’m not sure what the argument is.

Good work, Senator Cruz. You are a national treasure.


12 posted on 12/09/2013 9:30:33 AM PST by firebrand (true story)
[ Post Reply | Private Reply | To 1 | View Replies]

bump!


13 posted on 12/09/2013 9:31:23 AM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: xzins
"The Supreme Court is taking up the contraception case this term"

This is a very big issue and goes beyond Obamacare. The principles announced will apply to the religious freedom of Christian businesses who are persecuted for refusing to cater to gay events they have religious objections to.

14 posted on 12/09/2013 9:32:21 AM PST by circlecity
[ Post Reply | Private Reply | To 2 | View Replies]

To: xzins
"Getting it to the Supremes could well be the easiest way to get this monkey off their back."

Glad to hear someone has confidence in the Supreme Political Hacks. I personally have no confidence in the judicial system at the Federal level at all.

15 posted on 12/09/2013 9:33:06 AM PST by mosaicwolf (Strength and Honor)
[ Post Reply | Private Reply | To 7 | View Replies]

To: xzins
There are four justices that will NEVER vote against the bill. All they have to do is turn one of the other five, and Roberts appears to have folded his cards for some unknown reason, an easily turned failure of a judge.

Unless the media mysteriously turns conservative en masse, and/or Bambi's poll levels sink to close to 30%, this is unlikely to change. No challenge is likely to take this law out.

We have a mini tyrant, a totalitarian letist administration that is doing the will of an out of control political party, even the majority of their own supporters have no clue as to the evil they have voted in to power.

16 posted on 12/09/2013 9:35:37 AM PST by Lakeshark (Mr Reid, tear down this law!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: mosaicwolf

See post #7.

I have confidence in the hacks being hacks. If the dems see ObamaCare hurting them badly, Scotus is the quickest way to get rid of it FOR THEM.


17 posted on 12/09/2013 9:39:22 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: mosaicwolf

No one that follows the decisions now made by the Courts has any confidence that they will follow the Constitution, My FRiend. They, along with the media have became another arm of the Democrat [Socialist] Party.


18 posted on 12/09/2013 9:40:48 AM PST by sport
[ Post Reply | Private Reply | To 15 | View Replies]

To: Lakeshark

I’m thinking that ObamaCare is a huge mess, and when the cancellation letters go out by the millions when employer policies are declared unacceptable, then the democrats might see a tsunami election tossing them out of the Senate and the House with huge majorities.

If that is what the numbers start looking like, then I will not at all be surprised to see the libs in Scotus try to save their party from a bloodbath.


19 posted on 12/09/2013 9:41:53 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: xzins

I can see those arguments, but I doubt it. They can’t have their Zulu chief’s centerpiece legislation of his lame assed presidency fail, no matter what.


20 posted on 12/09/2013 9:45:00 AM PST by Farnsworth (Now playing in America: "Stupid is the new normal")
[ Post Reply | Private Reply | To 9 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-62 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson