Posted on 10/03/2014 8:51:26 AM PDT by maddog55
In his decision, U.S. District Judge Ronald White concluded Tuesday that the IRS rule altering the Obamacare law and providing billions in subsidies is "arbitrary, capricious and abuse of discretion":
"The court holds that the IRS rule is arbitrary, capricious, and abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C.706(2)(A), in excess of summary jurisdiction, authority or limitation, or short of statutory right, pursuant to 5 U.S.C. 706(2)(C), or otherwise is an invalidation of the ACA [Affordable Care Act], and is hereby vacated. The court's order of vacatur is stayed, however, pending resolution of any appeal from this order."
In September 2012, Oklahoma was the first of several states to challenge the legality of an IRS rule that caused billions in subsidies to be paid out, despite Congress having never authorized those payments.
Oklahoma Attorney General Scott Pruitt hailed the state's victory in its lawsuit challenging the implementation of the Affordable Care Act:
(Excerpt) Read more at cnsnews.com ...
‘Arbitrary, Capricious, and Abuse of Discretion’
Isn’t that pretty much the same thing as saying IRS?
Even before Obamacare?
I hope the judge enjoys his audit.
As is the:
IRS
EPA
DOJ
Feel free to add others
Arbitrary, Capricious, and Abuse of Discretion
Funny how that forms an acronym of ACA.
As mentioned in related threads, regardless what activist justices, including Justice Roberts, want everybody to think about the constitutionality of Democratcare, these justices wrongly ignored that the Supreme Court had historically clarified that the the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes. This is evidenced by the following excerpts from case opinions
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added] Gibbons v. Ogden, 1824.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass. Justice Barbour, New York v. Miln., 1837.
Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress. Linder v. United States, 1925.
Corrupt Congress wrongly ignored that it first had to successfully petition the states for a healthcare amendment to the Constitution before establishing Democratcare.
Here's some more excerpts where respected constitutional experts have clarified that government responsibility for the care of the people belongs to the states, not the federal government.
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.