Down with the Health-care bill.

Court: No severability, no ObamaCare
Charlie Butts and Chris Woodward - OneNewsNow - 2/1/2011 7:40:00 AM

Supporters of ObamaCare might consider it just a bump in the road -- critics, however, likely view it as more of a huge pothole.


Another federal judge has said no to the Patient Protection and Affordable Care Act ("ObamaCare"), declaring the individual mandate contained within it unconstitutional. In Pensacola yesterday, U.S. District Judge Roger Vinson ruled not only that it is wrong to require people to buy healthcare insurance, but also that that provision makes the entire law unconstitutional.

Jordan Sekulow is with the American Center for Law & Justice (ACLJ), which filed an amicus brief in the Florida lawsuit representing 63 members of Congress and more than 70,000 Americans. "We [at the ACLJ] believe...that this is the most significant victory yet for those of us who are challenging ObamaCare," Sekulow states.

Hans Bader of the Competitive Enterprise Institute contends Judge Vinson was right Monday when he struck down not just the individual mandate, but the entire law. He explains that the healthcare reform law lacks a severability clause.

"A severability clause is something that says that where one part of a contract or law is unconstitutional, the framers of it intend that the rest of it continue in force -- even if that provision is removed or struck down -- because they consider what's left over to be worth keeping," says Bader. "The healthcare law lacks anything like that."

Obamacare did originally have the clause, but Congress removed it before the bill was passed.

Several related cases are winding through appeals courts that likely will end up before the U.S. Supreme Court. Sekulow predicts should the high court take on the cases, the vote would be close.

"...We know that the court has four very committed liberals who, I think, no doubt would probably hold this move by the federal government and the individual mandate constitutional," he opines. "But there [also] are four very conservative justices.

"And then [Supreme Court Associate Justice Anthony] Kennedy, I think, will be the swing vote. But he leans very conservative, especially when it comes to the Commerce Clause."

If Sekulow's analysis is correct, the individual mandate -- and perhaps the entire healthcare reform law -- would be struck down.

The case could be sent to the nation's high court by this summer.

The whole problem with the Healthcare bill, is the way it was rushed through, and the action taken by the Demo-craps, Nancy Pewlousy, and Dingy Harry Reed. Because of that, they will cause the good in the bill, to be thrown out with the Bad. And in the end , they will still be forced to open up debate, and examine each item step by step.


My comments
Because of Obuma's need to flex his ego, and being so stupid and force the issue, he will wind up with Egg on his face, instead of the cheers he was looking for .That's OK Mr President, you can take another vacation, and get ready for another country to spit in the face of the United States of America, and bow down to their leader. Following in the foot-prints of his hero, President
Carter.