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To: Graewoulf; Qbert; Kaslin; laplata; Diogenes; kristinn; IBD editorial writer; Jim Robinson; ...
Believe me, I fully share your indignation. More than a waste of money, Obamacare is an assault on liberty and it is one which will drive hundreds of thousands, perhaps millions, of Americans into the bankruptcy courts. I to pray for a silver bullet.

I have some problems, however, with your call for more than a year's delay.

First, one does not file an injunction one commences a lawsuit and applies for an injunction which is rarely given and only under the most emergent circumstances showing irreparable harm and a clear right to the relief.

Second, one has to demonstrate that the harm is irreparable, that is that it cannot be fixed with some other remedy such as money compensation.

Third, one has to demonstrate that the harm is personal and thereby secure standing to be a party in such action. It is not clear the two United States senators serve for that role.

Fourth, one must demonstrate that the court has jurisdiction.

Fifth, one must demonstrate that this is not a political question which to be settled not by article 3 court but by politicians in article 2 and in article 1 constitutional offices.

Sixth, even assuming the granting of an injunction which is quite improbable, the time of its application goes out of the control of those who seek to save the country from Obamacare and passes to the court.

Our dilemma here is that a year and a month, in my judgment, would serve Obama quite nicely. I think he would prefer to have the reckoning come after the 2014 election, not before. If we are not careful we would be throwing Obama and Obamacare into the briar patch he so desperately desires or at least needs.

I refer you to the following vanity:

No Time for Schadenfreude, Get out in Front Now


22 posted on 10/25/2013 10:10:28 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

Our dilemma here is that a year and a month, in my judgment, would serve Obama quite nicely. I think he would prefer to have the reckoning come after the 2014 election, not before. If we are not careful we would be throwing Obama and Obamacare into the briar patch he so desperately desires or at least needs.


You are correct. Obama and the Dems must suffer the consequences of this.

Obama must not be rescued.


23 posted on 10/25/2013 10:22:09 AM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: nathanbedford

Excellent Legal Points! THANK YOU!

*IF the said filing was in the form of a Class Action Suit on behalf of the 60 % of Legal American Citizens who do not want to receive the irreparable harm of the consequences of the Mandatory Insurance Tax Federal Law commonly called Obama’care;’

*And IF the great harm done to the personal privacy by the effect of the no privacy clause of Obama’care’ which is in violation of pre-existing Federal Law HIPPA;

*And IF it is shown that the Bill approved by both Houses of Congress was not the same Bill as re-written by the SCOTUS, and thus qualifies as a clear right to relief;

* THEN would the filing with the SCOTUS of said proper legal document, pursuant to being granted a delay period, be of merit to pursue? IYHO, of course.


25 posted on 10/25/2013 1:10:35 PM PDT by Graewoulf (Traitor John Roberts' Marxist Obama'care' Insurance violates U.S. Constitution AND Anti-Trust Law.)
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