Posted on 12/07/2013 3:06:33 AM PST by markomalley
Among the many blessings granted us by ObamaCare (PPAHCA), a new one will be coming soon, starting in January 2014. We will acquire "standing."
Legally, the word standing refers to the "ability to initiate a lawsuit." There are three requirements for Article III (tort code) standing: (1) demonstrable injury in fact, not in the future, not hypothetical or conjectural; (2) proof of a causal link between the injury and the challenged conduct or specific legislation (when suing the government); and (3) "likelihood that the injury will be redressed by a favorable [Court] decision."
Despite all the weeping and wailing on every media outlet, ObamaCare has not given us "standing" for the obvious reason that it has not actually affected anyone yet. All those insurance cancellations take effect some time in 2014. All those additional costs will be felt starting in 2014 and escalating from there. All that care denied or deferred will happen next year and beyond.
True, Washington is already spending money we do not have and appears to be welshing on the promises made, but any harm accruing is conjecture at present, not fact.
Ignore the overwhelming mass of contradictory details. Look beyond the failures of healthcare.gov. Pay no attention to the inherent contradictions in the law, the repeated changes in deadlines, and the constant ad hoc crisis management. Give no credence to the political posturing on both sides of the aisle. Eschew all those loaded phrases like medical injustice, economic redistribution, greedy bastards, and Father Knows Best. Put aside (for a moment) your personal financial circumstances.
Even put aside, if you can, the president's grandiose (and grandly mendacious) promise…
(Excerpt) Read more at americanthinker.com ...
I would think this could be the biggest class action ever.
And who enforces the Bill of Rights? The President? The courts? The congress?
"If every Jewish and anti-nazi family in Germany had owned a Mauser rifle and twenty rounds of ammunition AND THE WILL TO USE IT (emphasis supplied - MBV), Adolf Hitler would be a little-known footnote to the history of the Weimar Republic."
Aaron Zelman, one of the founders of Jews for the Preservation of Firearms Ownership
Not too many moons from now, at the longest, we, in the United States of America will have to make that same choice the Jews of Germany made.
It will be pushed back until Obama is out of office.
I am afraid odds are you are correct.
I think that is one reason the junta is so actively pursuing any sort of organized group of political dissent (”extremest” conservatives). In groups of people there is a cohesiveness that coordinates and solidifies organization and resistance. Patriots are more willing to die together, to put it bluntly.
Break up the groups and it is much easier to crush resistance.
Can’t wait for the first wrongful death suits for patients who die because they have lost their medical coverage.
And those who thought they signed up for coverage but the applications were never processed.
I am correct, My FRiend. Not because I am so brilliant, but because of the nature of evil. Evil never stops advancing on its own accord. Evil only stops advancing when it is stopped by the sacrifices and blood of decent individuals. Throughout history, the forces of good have rallied to stop the advance of evil when all seemed lost. I hope that this will be the case of the United States. I am optimistic that there will be enough honorable individuals willing to sacrifice their lives if necessary to preserve the principles this Country was founded on. Time will tell. I do know that evil will not stop on its own accord. It must be stopped with force.
A lesson of history that unfortunately few people have learned.
I do agree, what we are dealing with here is not honest difference of opinion, it is evil.
Not going to happen.
I have no problem with anyone who can afford to do so filing suit, I merely question the ability of any plaintiff to prevail against legislation that has already been ruled constitutional.
Unless there can be a factual showing, after discovery, that there was intentional illegality, wrongdoing like fraud, or gross negligence on the part of a government official that directly affected the plaintiff, they will go exactly nowhere, regardless of procedural issues.
The Supreme Court ruled in 1982 that presidents may never be sued in office or after departing office for official acts undertaken as president. In that case, Nixon v. Fitzgerald, the court based its reasoning in part on the argument that it would be too burdensome to a president to have to defend himself against civil lawsuits while trying to serve effectively as president.
http://en.wikipedia.org/wiki/Nixon_v._Fitzgerald
As of this time, there has been no judicial ruling of a violation of law. “Suggestions” of law violations aren’t enough, there would need to be a definitive ruling.
If there was to be a court ruling or a congressional finding of ineligibility, then all bets would be off, but there has been no such judicial or congressional finding.
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