Posted on 07/17/2010 7:58:53 AM PDT by Libloather
The Sleeper Lawsuit Against ObamaCare In Texas
July 16, 2010 - 2:50 pm
David Whelan is a staff writer at Forbes
The lawsuits against ObamaCare filed by state attorneys general have gotten a lot of attention, but there's another worth watching. Last month the Texas Spine & Joint Hospital, along with the Physician Hospitals of America trade group, filed suit against Kathleen Sebelius. The hospital, based in Tyler, Tex., claims that the language in the Affordable Care Act (aka health reform) banning physicians from owning hospitals is unconstitutional. Read the whole lawsuit here:
**SNIP**
I've argued over and over again that doctors who treat patients should be able to own hospitals. Accountants own their CPA firms and lawyers own law firms. Why should non-physicians have a monopoly on running hospitals? It strikes me as bad public policy, since doctors should know better than most what makes a good hospital. There's also a track record of these hospitals producing better clinical results than the non-specialized hospitals they compete with. For a backgrounder on this issue, check out "Stop That Patient," my cover story on the controversy.
The lawsuit could to trial as early as December. If it succeeds, could it lead to a groundswell of others that chip away at the 2,000 page health bill?
(Excerpt) Read more at blogs.forbes.com ...
Or chipping away at the edges, making us feel better, while leaving the main socialistic provisions unaffected.
It is time for a Constitutional Convention, IMHO. What course will we follow?
Good for Texas. Maybe the ground swell will finally hit the States and they will realize they have been had.
It is already showing that this law is having far more negative consequences than were originally envisioned. Laws suits are a waste of time and money....REPEAL the whole thing and start over with 1 (one) step at a time. This 2000+ page horror is unconstitutional and unconscionable. Start now in getting this bill repealed.
Unfortunately the people are more likely to drop the founding fathers intentions and embrace the left. The people have been seduced into communism/marxism without even knowing it. The Democrats, universities and the media have stealth-fully indoctrinated the people into accepting much of communism without call it what it really is. Map Marx’s book to the Democrat and even some republican actions and you will see.
I think the better way is to purge society of the communist and marxist agenda, dislodge it’s supporter from seats of power and choke off the money base. Kill it like weeds in the garden.
Repeal can only happen if the Republicans have a veto proof majority in Congress. Even then if one Democrat opposes the effort Republicans will bend over and grab their ankles to accomodate. We are, indeed, screwed.
Vote out the statist/totalitarian/’rat crime syndicate scumbags that rammed this down our throats...AND...any RINO...just because. Then, repeal this marxist manifesto.
yeah,,, and our society is being plagued by all those cooks that own the restaurant.
“The determination of Democrats to approve the proposal no matter what the consequences might be..........”
I believe in a court of law...sans social judge...this ‘law’ could be struck down and or repealed on grounds of insanity if for no other reason.
I’ve been doing a good bit of reading on that lately. One of the more interesting books I’ve read is the “Anti-Federalist Papers” where, along with the arguments FOR the constitution are given, the arguments against the constitution are given. I’m developing a dislike for Hamilton. His desire for a central government equal to that of England resulted in a loop hole being written into the constitution big enough to drive 40% of the economy through, i.e. Article I, Sect. 8, Clause 18.
In one of the more amusing arguments, Benjamin Franklin suggests that Congressmen should not be paid because over time they would simply give their pay to their supporters. He was obviously correct in his perception of human nature and it resulted in Article I, Sect. 6, Clause 2 of the constitution. Now though, we realize that congress bypasses this limitation on pay by passing the money directly from the treasury to it’s various think tanks and commissions. In one sense, they’ve been giving the president too much power through the creation of the EPA, medicare boards, etc. On the other hand, they expand their influence by having their supporters hired by the EPA and the medicare boards, etc. exactly what Benjamin Franklin warned us against.
sfl
Wasn’t there a clause in the bill, or left out of the bill that rescinds the whole thing if any part is found un-Constitutional?
As I recall the way the bill was crafted, and in their hurry to get it passed the brilliant legislators FORGOT to put in a clause that protects the bill from becoming unconstitutional if even only one part of it is declared so. Any lawyers out there know for certain?
I do recall discussion of a clause which would prevent future congressional action to repeal the cursed thing, leaving at least some key part behind as a place for future commies to begin again, rebuilding it piece by piece. Don't remember if that was just hot air or something real that was included when the bill was signed.
I read through the Federalist and Anti-Federalist papers maybe 10-12 years ago.
I came to the same conclusions as you. The Anti-Federalists were almost prescient and seemed to understand the darker side of human nature better than the Federalists.
And yes, I too took a dislike to Hamilton and gained a much greater respect for the Virginia founders.
Might, just might, be a good idea if it reinforced the provisions of the existing Constitution and penalized those who contravened them. However, with the GOP's organizational skills, it might turn out to have exactly the opposite effect.
Be careful what you wish for!
Please, please, please let it happen. BambiCare gives the state total control over every citizen.
I read today that Boehner is proposing a 1-yr moratorium on the implementation of any of these “takeover” laws. That would be wonderful, except that BambiCare is already being implemented, one administrative order at a time.
Not to mention that Obama simply bypasses the legislative process by the ingenious device of getting laws passed that leave virtually every aspect up to subsequent administrative decisions.
“I’ve been doing a good bit of reading on that lately.”
Are you aware of the outstanding work/thread done by FReepers Publius & Billthedrill?...here...
http://www.freerepublic.com/focus/f-news/2553073/posts
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