Monday, January 31, 2011

ObamaCare -- Absolutely Nothing to Do With The Bakken

I normally would just link this on my ObamaCare page, but this is huge.

The Florida judge ruled in favor of the 26 states' attorneys general. The judge stated clearly, and in no uncertain language, that the Obama health care bill is unconstitutional in its entirety.

North Dakota is one of the 26 states in the lawsuit.

The law was already unraveling like a moth-eaten sweater with more than 730 waivers, many of these waivers granted to unions that supported the President and the health care bill.

The judge noted Barack Obama's position on nationalized health care during the 2008 campaign:
In ruling against President Obama's health care law, federal Judge Roger Vinson used Mr Obama's own position from the 2008 campaign against him, arguing that there are other ways to tackle health care short of requiring every American to purchase insurance.

“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.
So, now unto the Supreme Court.

With Vermont looking at coming up with a single-payer system for state-wide health care to replace ObamaCare, I think the threshold becomes even higher for the Supreme Court to reverse the ruling. The Supreme Court is likely to look also at states' rights.

By the time this reaches the Supreme Court, expect more waivers for unions and corporations, and expect more states to look at their own solutions. The states now realize they can't afford ObamaCare. Nor can the unions that supported the plan and the President.

Congress is also exempt. The act says that members of Congress are covered by a health plan and thus are not affected by the bill, i.e., exempt. Therefore, those who are covered by a health plan should also not be affected by this bill, using that same reasoning, but that is not true. If that was true, we wouldn't be seeing the waivers or the lawsuit before the Florida judge.

I assume we will see a request for an emergency stay and it will be granted.