Posted on 03/26/2010 7:46:59 PM PDT by RobinMasters
President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform "have a pretty strong case" and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.
In an exclusive interview with Newsmax.TV's Ashley Martella, Napolitano says the president's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.
"The Constitution does not authorize the Congress to regulate the state governments," Napolitano says. "Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.
(Excerpt) Read more at newsmax.com ...
I’m fairly sure Justice Kennedy will join the four conservatives.
If Pubs have the House they can stranglehold the taxes.
I’m not an expert on constitutional law, but I sure hope the bill is ruled unconstitutional - especially the individual mandate aspect. Proponents call it a legitimate “tax.” I call it Federal power run amok. It’s one thing for my state government to, say, require me to carry car insurance as part of the privilege of owning and operating an automobile. It’s quite another for the Feds to tell me I have to buy health insurance simply because I am a citizen of the United States.
The entire bill is predicated on the mandate. A struck down mandate is a struck down bill.
So true! What kind of Republic, what kind of law-abiding society can survive when nearly half of it's 'justices' think they can pick a turd up from the "clean side".
Won’t happen.
The Court will refuse to get involved.
Let the useful idiots be inflamed. Let them be so inflamed they lose their reason and fall in their folly.
Estimated to cost Texas $24 BILLION in next 10 years.
I have an honest question to Freepers here...If the suits filed against Obamacare make it to the SC, what happens to the healthcare industry in the meantime? Dont the suits need to advance thru the regular Federal Court System first? Can leftist Fed judges delay and slow the process intentionally? Couldnt this take a really long time to happen; and by the time the SC rules...the healthcare industry in this country is already destroyed?
Only need 4 votes to grant cert and you can bet after having been dissed by Obama they will.
The Judge says the law will be struck down in 2018.
If motion for injunction fails, this can immediately be appealed to the Supremes.
Napolitano seems on the wrong side of judicial decisions as often as he is right. I wouldn’t get my hopes up.
Our best hope is for Scalia to come into possession of some compromising photos of Anthony Kennedy. ;-P
I just pray the Supreme court agrees.”
If the SCOTUS disagrees, we’ll know where we stand, won’t we?
How can you stack the court with 59 votes? I don’t think even Snowe would go for that!
Could slip someone in there for a year with a recess appointment, like he just did with the NLRB. Obama has no shame, none.
I believe the States will make sure it happens within a year.
The cleanest solution, and maybe what the die hard socialist Democrats planned in their backrooms all along, is for the Democrats to take credit for passing 0bamacare fully expecting the Supreme Court to strike it down.
But many stupid Democrats don’t realize they destroyed their political careers by voting for 0bamacare.
This could still be a win for us — 0bamacare struck down AND many Democrats removed from Congress.
Carrying auto insurance as part of the responsibility of owning an auto is a given. But the state does not compel people who choose not to drive to participate by purchasing auto insurance to subsidize insurance costs for the people who need auto insurance..
My concerns exactly.
In this horrible economic time, widespread bankruptcy of the medical delivery system is just inches away.
The Soros-Kenyan is burning down capitalism and even a favorable Supreme Court decision cannot recapitalize.
How long will it take to get there? VA AG Ken Cuccinelli may have the fasest trcak on the rocket docket in N VA district court.
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