Posted on 12/18/2018 2:28:09 PM PST by Kaslin
RUSH: The judge’s ruling on Obamacare. I have to assume that got discussed here yesterday. (interruption) You don’t know? (interruption) Oh, that’s right. None of you were here for the guest host. (interruption) The guest host came from the igloo, yesterday. (interruption) Okay, that’s right. You know what I don’t get? (interruption) He did not discuss it? Okay. I have just been told that it was not discussed.
This is so simple to me, and the fact that it’s so simple and yet what is so simple and obvious is being ignored, is all that you need to know about this. What happened was that a federal judge in Texas ruled that Obamacare is unconstitutional ever since the Tax Cut Act of last year or this past year was signed into law because it did away with the mandate. It did away with the personal mandate requiring people to buy health insurance.
Once that’s gone, that is the foundational pillar of Obamacare.
There’s no funding mechanism for it once that’s gone, and once that’s gone the whole thing is unconstitutional, and the judge said there’s no two ways about this. Obamacare is ununconstitutional. The mandate is what kept it constitutional, and the mandate being kept in it is what Judge Roberts did, or Justice Roberts. The chief justice actually rewrote the law to make it constitutional ’cause I didn’t want to be the guy to strike down serious legislation of the first African-American president. Ain’t no way that was gonna happen.
So Roberts rewrote it in such a way that the mandate was called a tax, meaning the federal government has the power to tax, the federal government does not have the power to make you or me buy anything. But they do have the power to tax. So Roberts rewrites it, essentially, and calls the mandate a tax. The judge says the tax is gone; tax reform took away the mandate. This law is unconstitutional. Now everybody’s having a cow over it, including Republicans. “Oh, my God. Oh, my God. Oh, my God. What are we gonna do? Oh, my God.”
This is the greatest illustration they’re not even serious about this!
Health care, I mean.
BREAK TRANSCRIPT
RUSH: Rather than seeing this judge’s ruling as an opportunity, what does all of Washington do? Panic! They panic. They thought they had taken care of health care, swept it under the rug. “Who cares how it works? Who cares how much it costs? We did it.” Now a judge has come along and told ’em, “Nope, it’s unconstitutional.” My question is, what do people not understand about unconstitutional? If it’s unconstitutional — and this is gonna be tested all the way back up to Supreme Court, and Justice Roberts is gonna have his chance at it again, and we kind of can predict what’s gonna happen.
But my point still survives. If it’s unconstitutional, it’s unconstitutional! That ought to mean what it means, and it ought to mean, “Okay, it’s gone. We’ve got to redo it and do it right and let’s do it right for a change!” Nope. Nope. There’s panic. “Oh, my God. Oh, my God. What are we gonna do? Who’s gonna get blamed for this? Oh, my God.” Democrats and Republicans both don’t want to touch this. It’s too hot a potato. The Democrats are happy for the chaos.
They’re happy for the Republicans not wanting to be aggressive and go out and grab this thing and fix this finally, rather than leave it as something attached to Obama. And the fact that it’s unconstitutional ought to be all anybody needs to hear. When it comes to everything else, unconstitutional is final. But with this? “No, no, we have to find a way to make it work. Oh, no, we have to find a way to really not change it and make it constitutional.” It’s kind of like, what do people not understand about illegal immigration?
What is so hard to understand about illegal immigration and wanting to uphold the rule of law? How does that back racism, bigotry, anti-people of color? How does it become any of that? It becomes all of that because of silly politics. “Illegal immigration” is all anybody ought to know and hear about it. But yet all of California, much of Arizona says, “Screw that! We’re gonna have sanctuary cities! We’re gonna enshrine the unconstitutionality and we’re gonna enshrine the illegality of it and (raspberry) you!” There ought to be a serious political price paid for people who willingly spit on the Constitution and the law like this!
Sarah Sanders has clarified her comments on the wall and money.
Obamacare will have to yield to Trumpcare.
So, charge a one cent tax for not enrolling?
I don’t know what unrolling this mess will look like, but a lot of praying is in order IMHO.
Once that’s gone, that is the foundational pillar of Obamacare.”
Well then, - the time can’t come soon enough for me!
How about letting the free markets handle it? Worked fine til the Marxists got a grip on it.
Getting people dependent on it was the Democrat move... that’s why “leaving the plantation” is so hard.
Rush has it wrong. The mandate, which was the attempt to force people to buy insurance, was ruled unconstitutional by the Roberts court in the previous case. The Majority correctly concluded that the Commerce Clause does not give the Government the power to force people to engage in commerce. The Roberts court did conclude, however, that the Government has the power to tax those who do not engage an activity. That “tax” is the penalty that the recent tax law repealed. So the current judge has ruled that the “tax” is an essential part of Obamacare and Obamacare can’t exist without it.
Roberts should retire before he casts any vote that would uphold it again.
He was a piece of shit for personal reasons last time- don’t make the same mistake for the entire country again
I don’t get it. The Constitution did not allow the Feds to tax citizens individually until the 16th Amendment, which provided for a tax on income.
Judge Roberts ruled that Obamacare was constitutional because it was a tax. But it was never a tax on income. So how the hell was it a constitutional tax?
The unconstitutional penalties have to be returned.
And fast!
“What are we gonna do?”
Clean up the text, no pork or penalties, put a one year limit in what remains, and pass it into law.
One could do better, and I’m trying, but I got a headache and gotta’ go.
You are right.
And the 16th Amendment never passed. Income tax is illegitimate.
I think you missed my point. The 16th Amendment enables the income tax. That amendment was needed because prior to that the Feds were not allowed to tax individuals.
But even if Obamacare is a tax, it is still unconstitutional because the only legal tax on individuals post-16th Amendment is a tax on income.
But Obamacare is NOT a tax on income, and therefore is still unconstitutional. Roberts was full of shiite in his ruling because of that fact.
The amount of the "Shared Responsibility Payment" is based on income so there is at least an argument that to the extent it is deemed a tax it is a tax on income. I believe Roberts twisted himself into a pretzel to justify upholding Obamacare because he thought it better that Obamacare be overturned by legislation rather than the slimmest of margins at the Supreme Court. Because the "Shared Responsibility Payment" has now been repealed via legislation, I believe Roberts will agree that Obamacare must die with it. We shall see.
The 16th was fraudulently “passed”. Congress retroactively deemed it passed in 195x? .
The American people accepted the lies of the powerful as they do most of the time. It is rare to find anyone willing and able to buck the system. And like cattle that give the alarm when one of their herd escapes the fence too many people hate and fear nonconformists.
Oh I got the point.
But I never miss an opportunity to remind taxpayers that the 16th Amendment never passed. It is as fraudulant as Provisional ballots.
Now go back to sleep America.
Nothing gets DC faster into action than a perceived lose of control and power. There is no way DC will permit ACA to die.
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