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

Skip to comments.

Obama government defends healthcare law in court
Reuters ^ | May 17, 2010 | Reuters

Posted on 05/17/2010 7:50:25 PM PDT by SmartInsight

The Obama administration has urged a court to reject an attempt to block a controversial new law overhauling the U.S. healthcare system, saying it was constitutional and any challenge was premature.

A conservative public interest group, the Thomas More Law Center, had filed a lawsuit in Michigan on March 23, the day Obama signed the law, and asked the court for an injunction to block it from taking effect.

The group said a provision requiring most Americans to buy health insurance under threat of financial penalty was beyond the scope of Congress' power and was an unconstitutional tax.

Defending the law, the Justice Department said Congress acted to address a national problem, the minimum coverage provisions were constitutional and the lawsuit was premature because no one had been harmed by the law.

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


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: bho44; bhohealthcare; democrats; healthcare; obama; obamacare; obamacareclassaction; socialisthealthcare
Well, let's see how this turns out.

We need to fight it on every front.

1 posted on 05/17/2010 7:50:25 PM PDT by SmartInsight
[ Post Reply | Private Reply | View Replies]

To: SmartInsight

Obamacare is unconstitutional since Article 1 Section 8 does not specifically grant Congress the power to regulate health care! Everyone is harmed whenever the Constitution is usurped! The people are not bound to comply with an unconstitutional act regardless of the actions by the three branches of government! They operate only at the consent of the governed! The people are the government and have the final say as to how they will be governed! Clearly we the people do not consent to this socialist tactic being shoved down our throats!


2 posted on 05/17/2010 7:56:35 PM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Man50D

Whether it’s unconstitutional or not, it can’t go into effect until after the next Congressional election. That’s due to the language of the 27th amendment. It’s time for someone to push that one because there are things in Obamakkkare that take effect now. Changing the effective date would be entertaining if nothing else.


3 posted on 05/17/2010 7:59:02 PM PDT by muawiyah ("Git Out The Way")
[ Post Reply | Private Reply | To 2 | View Replies]

To: SmartInsight
the lawsuit was premature because no one had been harmed by the law.

Can the ACLU and the Labor Unions show any harm done to anyone by the Arizona law that hasn't even gone into effect yet?

4 posted on 05/17/2010 7:59:52 PM PDT by digger48
[ Post Reply | Private Reply | To 1 | View Replies]

To: Man50D

Indeed.
I kinda wrote about this [phenomena] over here:
http://www.freerepublic.com/focus/chat/2513906/posts


5 posted on 05/17/2010 8:03:17 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SmartInsight

“the Justice Department said ... the lawsuit was premature because no one had been harmed by the law.”

Hey ACLU, your lawsuit against the Arizona statute mirroring US Code Title 8 is ... premature.
So go haunt a house instead.

Federal income taxation required the 16th Amendment. Where’s your amendment for this new tax?


6 posted on 05/17/2010 8:06:04 PM PDT by tumblindice (no prisoners)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmartInsight
Obamacare, ...

The Big Lie

bumper sticker
7 posted on 05/17/2010 8:06:32 PM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: muawiyah

The 27 Amendment involves congressional compensation.How does it apply to Obamacare?


8 posted on 05/17/2010 8:07:22 PM PDT by xkaydet65 (Never compromise with evil! Even in the face of Armageddon!! Rorshach)
[ Post Reply | Private Reply | To 3 | View Replies]

To: SmartInsight
...the Justice Department said ... the lawsuit was premature because no one had been harmed by the law.

Inevitability of harm is harm.

Judges know this, when they want to.

9 posted on 05/17/2010 8:09:20 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: xkaydet65
Part of their "compensation" includes their FRINGE BENEFIT PAKAGE and that includes access to the FEHB for purposes of signing on to health insurance.

THe law changes their access from FEHB to the new state based exchanges which aren't scheduled to come into existence for 4 years.

Any amendment of the provisions in Obamakkkare simply run into the very same problem ~ so changing back to FEHB from state exchanges for the four year period wouldn't allow the law to go into effect any earlier.

10 posted on 05/17/2010 8:10:53 PM PDT by muawiyah ("Git Out The Way")
[ Post Reply | Private Reply | To 8 | View Replies]

To: SmartInsight

11 posted on 05/17/2010 8:16:03 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Talisker

The very thought of Obamacare has harmed my health. Caused me mental duress.


12 posted on 05/17/2010 8:16:27 PM PDT by katiedidit1
[ Post Reply | Private Reply | To 9 | View Replies]

To: katiedidit1

I ain’t smart enuf to have mental duress but Obammycare sure chaps my ass


13 posted on 05/17/2010 8:36:08 PM PDT by advertising guy (Consumer Of Confiscated Liquers Czar)
[ Post Reply | Private Reply | To 12 | View Replies]

To: SmartInsight

Roe VS Wade decision was based on the Amendment IX. The right that one’s body belongs to that individual and that individual right to privacy and individual right to choose. The State can not deny right of that person to engage in having an abortion or you could say the State can not deny one’s right to engage in commerce. If that is true then that State can not deny one’s right not to have an abortion, Or, you could say the State can not deny one’s right not to engage in commerce. If the government can mandate health care for the “good of the masses”, then they could mandate abortions to control population.


14 posted on 05/17/2010 8:58:58 PM PDT by steveab (When was the last time someone tried to sell you a CO2 induced climate control system for your home?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ImaTexan

Ping


15 posted on 05/17/2010 10:38:55 PM PDT by bjcintennessee (Don't Sweat the Small Stuff)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmartInsight; All

We need to fight it on every front.


Here's another:

Obamacare Class Action Lawsuit (the deadline to join is May 31)

"The purpose of this lawsuit is to reverse Supreme Court precedent related to the Commerce clause and thereby overturn Obamacare. The Supreme Court has historically erred in its interpretation of the Constitutional role of the Federal Government. Recent Supreme Court rulings hint that they may be willing to take another look at Commerce clause precedent. Obamacare is so over reaching and so onerous, that it must either be repealed in Congress or struck down in the courts. We must fight this on both fronts. This is our historic opportunity to reverse America’s trend toward Socialism by overturning this unconstitutional precedent.

If you are a US citizen and agree with the goal of this lawsuit, please join us. If you have concerns about joining, please review the FAQs for more information. Every person we add strengthens the voice of "We the People".



16 posted on 05/18/2010 7:44:41 AM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmartInsight

Small and large businesses all over the Country have been harmed by the law!


17 posted on 05/18/2010 7:56:13 AM PDT by upcountryhorseman (An old fashioned conservative)
[ Post Reply | Private Reply | To 1 | View Replies]

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