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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many aspects of the Affordable Care Act are “constitutionally or statutorily suspect” and that the entire law should be repealed.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
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To: xzins

voiding 0bamacare won’t save the dems.

They may think it will, but it won’t. They’re through.

We have to make the senate stand still to keep to a minimum the fed “judges” 0bama wants to put in.

Time is short.


21 posted on 12/09/2013 9:47:15 AM PST by Principled (I am tired of a lawless government. I want a government restrained by the Constitution [Irenic])
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To: circlecity

Is there a law that says “contraception” is required?

If there isn’t, if this is just a suggested coverage by a bureaucrat writing regulations, then how can you possibly require someone to have something that isn’t already a legal requirement in an of itself?


22 posted on 12/09/2013 9:48:00 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins
It's possible, but the one constant these people have is furthering their leftist beliefs, it's their form of religion.

It blinds them to any kind of truth, and to them, Bambi IS the truth. They will continue to circle the wagons for him. If the 2014 elections are a bloodbath and IF his polls hold in the low 30's, then they'll change their tune.

In the meantime he will continue his dictatorship, the dems will do incalculable damage to our country.

Pray for intervention and a renewal.

23 posted on 12/09/2013 9:48:41 AM PST by Lakeshark (Mr Reid, tear down this law!)
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To: xzins
Forget it.

This is aremed revolution stuff and ain't NO one gonn'a risk their life .. especially when he or she would be labeled a whack job.

We should be ashamed.

24 posted on 12/09/2013 9:49:42 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Lakeshark

Roberts folded his cards when Obama and/or Hillary(take your choice) found out he had pulled a shady deal to get two European ‘adopted’ daughters into the USA by getting them to go through South America. He was also photographed (copy on FR) going into a Bank of the Vatican (as corrupt as imaginable) on Malta with a briefcase. This was right after he made his infamous healthcare ruling. It appears one devious dealing followed another. Remember this guy was a Bush appointee and who would have thought a Bush would give more respect to a communist Mandela than to Margaret Thatcher.


25 posted on 12/09/2013 9:55:01 AM PST by noinfringers2
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To: xzins

for later


26 posted on 12/09/2013 9:55:41 AM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: xzins
.... the democrats might see a tsunami election tossing them out of the Senate and the House with huge majorities.

Well, they're not seeing the tsunami quite yet .......

Democrats are breathing a sigh of relief over what effectively passes as a re-launching of the Obamacare website, with some lawmakers now expressing optimism that the healthcare reform law will fall to their political benefit.

Democratic office-holders like Sen. Mary Landrieu, of Louisiana, expected to face a tough 2014 re-election campaign, are once again embracing the Affordable Care Act.

Dems Confident the Worst Is Over on Obamacare Hit

I'm wondering what planet these folks are living on ... then again, they ARE Libs.

27 posted on 12/09/2013 9:58:35 AM PST by MissMagnolia (You see, truth always resides wherever brave men still have ammunition. I pick truth. (John Ransom))
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To: xzins
Conservatives realizing it’s actually not constitutional

What's not Constitutional about it? It was passed by the US House, the US Senate, and signed into law by the US President ... exactly as Constitutionally required in Article I, section 7.

28 posted on 12/09/2013 10:01:17 AM PST by OldNavyVet ("Learn from science that you must doubt the experts" ... Richard Feynman)
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To: noinfringers2
That's a strong possibility, something happened to the man, we may never know what.

I put nothing past the crowd that is in power right now, they're a scary bunch.

29 posted on 12/09/2013 10:01:26 AM PST by Lakeshark (Mr Reid, tear down this law!)
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To: OldNavyVet
What's not Constitutional about it? It was passed by the US House, the US Senate, and signed into law by the US President ... exactly as Constitutionally required in Article I, section 7.

I believe Justide Scalina wrote a dissent the last time around

30 posted on 12/09/2013 10:12:18 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: OldNavyVet

Justice Scalia

Gotta get more coffee


31 posted on 12/09/2013 10:13:53 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Lakeshark

I believe I posted ‘facts’ not ‘possibilities’.


32 posted on 12/09/2013 10:13:55 AM PST by noinfringers2
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To: noinfringers2
You may have, but you can't be sure if you did.

There's a difference between "facts" and liklihood. I believe he was likely blackmailed, and likely over that issue. Doesn't make it a "fact"........

33 posted on 12/09/2013 10:17:13 AM PST by Lakeshark (Mr Reid, tear down this law!)
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To: xzins
when the cancellation letters go out by the millions when employer policies are declared unacceptable

Jeff Kuhner is the morning talk show host on WRKO in Boston; he also writes for The Washington Times, through which he has his medical coverage (I'm trying to remember when usage switched from "medical insurance" and "medical care" to "health insurance" and "health care" -- was it around when HMOs came in?). He and all other staffers received a mass email a couple of days ago saying the paper was switching insurers to mitigate the financial hit of ObamaCare. I think he said his own premium was going up by $200/mo, and he probably can't keep his doctor. Hasn't examined the coverage yet, and if he said what the deductible would be, I missed it.

So maybe other employers are planning ahead too -- and will shortly be sending out those letters!

34 posted on 12/09/2013 10:25:55 AM PST by maryz
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To: xzins

Obama, or VJ, would call friends on the SC and they’d vote to get rid of the law.


35 posted on 12/09/2013 10:27:42 AM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: xzins
He may be.

But the law only matters to those who do not have the power to ignore it. Obama has chosen to ignore the law, with few consequences.

I am rooting for Cruz, but the fact that he is a white male associated with the TEA party means he has little chance of being taken serious.

36 posted on 12/09/2013 10:44:47 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: MissMagnolia

They are taking the hit now, not in October 2014. Most will forget the issues by then.


37 posted on 12/09/2013 10:46:20 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: firebrand

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

I agree, he definitely is a keeper!


38 posted on 12/09/2013 10:47:49 AM PST by depenzz ("Those in favor of more gun control, raise both your hands)
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To: xzins; All
For the record, although I suspect that Gov. Christie might be Obama guard dog Fx News's poster child for Republican presidential nominee, I will support Harvard Law School-indoctrinated Sen. Cruz for president if that's who Fx actually promotes.

Cruz: “constitutionally or statutorily suspect”

If Cruz was quoted correctly, his politically-softened comment questioning the constitutionality of Obamacare doesn't come close to Judge Andrew Napolitano's honest observation that Congress's constitutional Section 8, Article I-limited powers don't include public healthcare.

Judge Napolitano & the Constitution

Constitution-ignoring Democrats and "Republicans" want an unconstitutionally powerful federal government.

39 posted on 12/09/2013 10:51:23 AM PST by Amendment10
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To: albie
but when you have the attorney general and 3/4 of congress and Senate to protect you, I don’t get too excited.

Not to mention the Chief Justice of the Supreme Court to protect you.
40 posted on 12/09/2013 11:05:53 AM PST by Din Maker
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