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Judge Knocks Down HCR, Cites Obama

From the Washington Times:

Judge rules against health law, cites Obama’s words

By Stephen Dinan
Monday, January 31, 2011

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, when the then-Illinois senator argued there were other ways to achieve reform 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 his 78-page ruling Monday.

A detail we often noted during the healthcare debate. But one the media studiously ignored.

And, lest we forget, Mr. Obama is supposed to be a Constitutional scholar.

Judge Vinson, a federal judge in the northern district of Florida, struck down the entire health care law as unconstitutional on Monday, though he is allowing the Obama administration to continue to implement and enforce it while the government appeals his ruling.

Something a liberal activist judge would never allow.

The footnote was attached to the most critical part of Judge Vinson‘s ruling, in which he said the “principal dispute” in the case was not whether Congress has the power to tackle health care, but rather whether it has the power to compel individual citizens to purchase insurance.

How refreshing. A judge who wonders which enumerated powers in the Constitution give Congress the authority for this power grab.

Judge Vinson cited Mr. Obama‘s campaign words from an interview with CNN to show that there are other options that could pass constitutional muster including then-candidate Obama‘s plan.

During the presidential campaign, one key difference between Mr. Obama and his chief opponent, then-Sen. Hillary Rodham Clinton, was that Mrs. Clinton‘s plan required all Americans to purchase insurance and Mr. Obama‘s did not.

But that was then, and this is now. Like the ‘living Constitution,’ Mr. Obama’s fundamental principles are a work in progress.

Congress eventually included the individual mandate in the bill it passed, and Mr. Obama signed that into law in March. Since then, he and his administration have defended its constitutionality, arguing the mandate is the linchpin that brings in more customers to insurance companies, which in turn allows those companies to expand the availability and lower the cost of coverage.

Which is actually true. Without mandated insurance people will only sign up for a policy when they need it. Which will destroy the health insurance industry.

But it is a mistake to think that Mr. Obama is opposed to that outcome.

Much of Judge Vinson‘s ruling was a discussion of how the Founding Fathers, including James Madison and Thomas Jefferson, saw the limits on congressional power. Judge Vinson hypothesized that, under the Obama administration‘s legal theory, the government could mandate that all citizens eat broccoli.

White House officials said that sort of “surpassingly curious reading” called into question Judge Vinson‘s entire ruling.

“There’s something thoroughly odd and unconventional about the analysis,” said a White House official who briefed reporters late Monday afternoon, speaking on the condition of anonymity.

Of course Obama’s minions in the White House would find it "surpassingly curious" and "odd and unconventional" for a federal judge to concern himself with what the framers had in mind.

But we find it "odd and unconventional" that a White House officials would be afraid of being quoted when they ‘brief’ reporters.

What are they afraid of?

This article was posted by Steve on Tuesday, February 1st, 2011. Comments are currently closed.

6 Responses to “Judge Knocks Down HCR, Cites Obama”

  1. BigOil says:

    Clearly, any judge that cites racist white men like Jefferson and Madison should be summarily dismissed.

    I also find it surpassingly curious that anyone would use the term surpassingly curious. Who talks like that?

  2. GetBackJack says:

    Oh lucky day, I get to say it first …

    Hoisted upon his own canard!


  3. artboyusa says:

    BARACK OBAMA, World Genius, and his sidekick Rod Axeldave, star in “The View from Olympus”!

    “Of course” said President Obama, “an exceptional person such as me is able to see beyond the noise and strife of the day to day, to pierce the opaque curtain of reality and gaze with clear Olympian eyes far, far into the future. That’s part of what makes me special”.

    “That’s certainly very true, Mr President” grovelled Rod Axeldave, Chief White House Advisor. “I’ve always admired your specialness, sir”.

    “That ‘very’ you just placed before the word ‘true’ is an unnecessary qualifier, Rod” corrected the pedantic president. “Something is either true or its not; you can’t make something more than true, you see. And ‘specialness’ isn’t even a word”.

    “Sorry, Mr President” said Rod Axeldave. “Thank you for correcting me”.

    “That’s okay, Rod; I’m always keen to help you inferior people improve” patronized the completely stuck on himself Nobel Laureate, best selling author and world statesman. “You know, Rod; sometimes, when I’m looking down my nose at all those millions of ordinary Americans and all those billions more around the world who need me to organize them and to touch their lives in a meaningful way, those who would just be lost without me, just…lost – well, sometimes it seems like it’s too big a job for one man alone, no matter how amazing he is…too big a job”.

    “You’re doing swell, sir” soothed Rod Axeldave, placing a friendly hand on Obama’s shoulder.

    “Don’t touch me, Rod” said Obama. “I don’t like being touched. Anyway, I know that you imagine me to be a stranger to doubt but yes, sometimes even I worry that the ordinary people will never get the improved internet access, the high speed trains and the electric cars that our nation so desperately needs before 2025 or thereabouts”.

    “Um, those are certainly vital priorities, sir” said Rod Axeldave. “Especially the part about the trains. But what about the economy, the Middle East, the deficit, the recent events in Egypt, the neverendingly endless struggle for affordable health care for all Americans, living and dead?”

    “Oh Rod, Rod, Rod” tutted the president. “Look at the big picture, if you can: the big picture of me. Those things are but momentary episodes in the unfolding panorama of my amazing life, footnotes to random pages in my next three or four books of self authored self mythology. Compared to me, how much can they matter, those little people and their shabby, ordinary little lives?”

    “Oh. I see, sir”.

    “Of course, I can’t expect you to understand all that. How could you? You’re just some guy who lived and I’m, well, we all know who I am”.

    “We’re finding out, sir” mumbled Rod Axeldave.

    • Right of the People says:


      I do believe you have written the first Geek Mythology. Bravo my good man, bravo!

    • tranquil.night says:

      The Olympians always fancied themselves “above the fray” much like the New new new new Obama. That is, when they weren’t toying with the lives of mortals out of boredom or causing all out international chaos because they were feuding with one another over childish and self-consumed issues.

      Brilliant and hilarious as usual, AB.

  4. artboyusa says:

    Thanks, friends. I appreciate the appreciation.

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