Give Us Liberty

Obama: ObamaCare is too Important to be Unconstitutional

February 28th, 2011 Doug Book, CoachIsRight.com

Imagine asking the judge who just revoked your driver’s license if you’ll still be allowed to drive. Last month, Northern Florida Federal Judge Roger Vinson declared the individual mandate–the centerpiece of ObamaCare, also known as the Affordable Care Act–to be unconstitutional. And as Vinson ruled that the mandate could not be separated from the rest of the Act, the entire law was struck down.

Now never having attended law school means that, unlike attorneys, when it comes to thinking and decision making I’ve been reduced to a reliance upon common sense, common decency and a simple understanding of the difference between right and wrong. Of course, lawyers aren’t limited by such pedestrian restraints. So the same people who maintain that the Constitution is far too complex to be deciphered by anyone but a lawyer, are now claiming to not understand the meaning and consequences of the word “unconstitutional.”
”Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void”, writes Judge Vinson in his opinion. And if this were not a  plain enough declaration of his intent, Vinson tells interested parties why he considers injunctive relief unnecessary, stating “…there has been a long-standing presumption that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction…There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”
So how does the Obama Regime respond? By having the Centers for Medicine and Medicare Services begin adding 650 employees to implement the plan; by continuing to issue waivers to select businesses and groups; by having the IRS go forward with the hiring of 1,000 new auditors and staffers and by including 465 million dollars in the White House budget submitted to Congress for the implementation of the law.
And to provide some slim measure of cover for the breathtaking exhibition of arrogance required to ignore the ruling of a federal court, on February 17th White House attorneys filed a “Motion to Clarify.” As the Heritage Foundation explains this remarkable bit of Democrat stagecraft….
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