TMLC says judge’s ruling on ObamaCare is ‘ripe for appeal’
Friday, October 8, 2010 at 9:01AM The Thomas More Law Center responded to a ruling on a lawsuit challenging some aspects of ObamaCare such as the individual mandate. Judge George Caram Steeh, a Clinton appointee, determined that forcing Americans to purchase a health insurance plan or pay a tax, is acceptable.
In his ruling, Steeh did what many politically oriented judges do—he cited the Commerce clause of the Constitution. In his order denying the plaintiff’s claims, Steeh wrote, “The Supreme Court has expanded the reach of the Commerce Clause to reach purely local, non-commercial activity, simply because it is an integral part of a broader statutory scheme that permissibly regulates interstate commerce.”
The judge then cited cases on various points—one involved a farmer who grew wheat for his personal consumption and ran afoul of the federal government’s eternal manipulation of agriculture.
Neo-liberals tend to see the Commerce clause in the US Constitution as a free-for-all enabling the justification of anything.
Steeh’s ruling is an affront to liberty. The ruling is a perfect example of placing politics above logic and common sense. The federal government’s powers are specifically limited in the Constitution when it comes to individual rights of the people—“to be secure in their persons, houses, papers and effects…”
The individual mandate is nothing more than Democrat deception—a way of imposing a financial burden on some individuals to subsidize the lifestyles of others.
Not a single Democrat or government allied media outlet pointed out the facts about those who are uninsured. Rarely do you hear anyone admit what social workers often discover—people who are eligible for existing government programs simply don’t apply for them.
Democrats failed the people on creating a bill that would benefit the very middle class they purport to serve. Instead, President Barack Obama and Democrats in Congress delivered a captive market to the health insurance industry. Now Americans are learning their plans will change and their premiums will rise—those two facts make liars out of the elected officials who promised otherwise.
In a prepared statement, TMLC said, “According to the Law Center, the court took the extraordinary step of concluding that Congress’ Commerce Clause power does not end at regulating economic activity. Rather, this power can be extended to regulate economic decisions whether made consciously or not. The court stated, 'While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.'”
Rob Muise, TMLC’s senior trial counsel who handled the ObamaCare case commented, “This decision is ripe for appeal, which we intend to do expeditiously.”
If the courts refuse to uphold the Constitution, Americans may see tax penalties if their employer plans don’t satisfy lengthy bureaucratic guidelines. And ObamaCare blows the door off the house when it comes to expansion of the Commerce Clause. The healthcare bill is positively feudal—Senate candidate Marco Rubio got it exactly right when he called ObamaCare “a disaster.”
The bill should be repealed and replaced with a bill that benefits all Americans, not just those who refuse to work or those who are in the country without legal documentation.
Boiling Steeh’s ruling down to the nitty gritty: there are no limitations on federal powers. This echoes the addled Democrat who told his constituents the federal government could do anything it wants to do.
Obviously we need a Constitutional Convention. And every Democrat who supported ObamaCare should be voted out of office. Americans have had enough of the feudal system and those of us who pay dearly for the federal plantation should protest with our votes, our pens and our voices.
A number of states are challenging this bill in various courts. Hopefully there will be at least one judge in the nation who respects the US Constitution and individual liberty. Steeh does not. (Commentary by Kay B. Day/Oct. 8, 2910)