Skip to main content

Obamacare Ruled Unconsitutional and Void

Judge Roger Vinson of the United States District Court for the Northern District of Florida ruled yesterday that the individual mandate in ObamaCare, formally known as the Patient Protection and Affordable Care Act, is unconstitutional.   This case, brought by 26 states, 2 individual citizens and the National Federation of Independent Business, is the second federal lawsuit brought against Obamacare to have found the individual mandate unconstitutional.

The 78-page order thoroughly reviewed the history, intent and case law of the Commerce Clause, which was the Administration’s Constitutional basis for the Act.  Judge Vinson’s stated, "Never before has Congress required that everyone buy a product from a private company (essentially for life) just for being alive and residing in the United States."

Judge Vinson is the second federal judge to find the individual mandate unconstitutional, but what makes his decision unique and extremely important, is that he then struck down the entire Obamacare Act.  Where previous versions of the Obamacare Act contained a severability clause, which would permit the law to stand even after one of it portions was struck down in court, Congress intentionally removed the severability clause from the final Act.
“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
Since there was not a severability clause, the Judge concluded, “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

With this ruling, the only lawsuits against Obamacare that were decided on the merits of the case have ruled the individual mandate unconstitutional.  

As it stands now, the Patient Protection and Affordable Care Act is void.  Without an appeal, the implementation of this bill must stop.  Some Washington insiders expect the President and his Health and Human Services Dept. to ignore this ruling and proceed with the implementation of Obamacare.  If the Administration does not file an appeal with a stay, or announce their intent to stop implementation, one of the 26 states involved in this suit must bring a contempt action against the federal government for violating a court order. 

Judge Vinson’s ruling is an important step; however, it is not the final step.  Eventually, after more legal wrangling, this case will proceed to a Circuit Court and then to the US Supreme Court for a final determination on the constitutionality of the individual mandate.  In the meantime, the House of Representatives vote last month to repeal Obamacare and Senator Jim DeMint (R-SC) has secured signatures from all 47 Republican Senators on a Senate bill to repeal Obamacare.

Popular posts from this blog

Prayer to End the School Year

Another school year is coming to an end.  And what a year the 2017-2018 school year was..... The events of the last 9 months have made me not only thankful to see it end but needing to get on my knees to Thank God for many things.  This school year began with Hurricane Harvey hitting our area and ended with the devastating school shooting at nearby Santa Fe High School. In the middle of the crisis around us there were so many beautiful things, events and people that touched and changed our community and family for the better.  Let's just start with the teachers and administrators who have interacted with my kids this year...  A special social studies teacher that made a fast friend out of my geography obsessed daughter, an ELA teacher who slowly won my oldest daughter over with her love of the written word, a soccer trainer who pushed my son harder than he thought he could handle, and then helped him recognize how that hard work paid off.  What about a school nurse who repeated

My Favorite Catholic Children's Bibles

How do you select a Catholic Children's Bible?  Which children's bible is best for my kids?  Those are questions I get asked all the time.  Searching in my house I discovered almost a dozen different Catholic Bibles for kids or youth on our shelves. When looking for a children's bible or book of bible stories for children, there are several things to take into consideration.  How old is the child?  Do you want something easy to read in story form or a bible with scripture text?  How big or heavy is the book? Is the children's bible a keepsake to commemorate a special event like a baptism, first communion or confirmation? And the answers to these questions might change as the child grows and develops or you have multiple children. With those questions in mind, I'll delve into the Catholic Children's Bibles and Bible Stories we like best of those in our home. My Big Book of Catholic Bible Stories My Big Book of Catholic Bible Stories Compiled by Hei

12 Quotes from St. Teresa of Calcutta

St. Teresa of Calcutta made a deep impression on me as a young girl as I watched her on tv and in news. Who doesn't remember the iconic picture of Mother Teresa with Princess Diana splashed across all magazines, newspapers and news shows?  To me, Saints were people who lived a long time ago, but here she was, a saint in the making.  Mother Teresa was a role model of how to become a Saint in our modern world, by giving her life to God through her dedication to the poor. On her feast day, I want to share with you a few of my favorite quotes from St. Teresa of Calcutta.   Her words are seemingly simple and straightforward but packed with meaning.  My selection comes out of a new favorite book I picked up called, Mother Teresa: Her Essential Wisdom by Carol Kelly-Gangi.  This little book contains hundreds of quotes from St. Teresa of Calcutta centered around specific themes as well as a summary of her biography and quotes about her from others.  "God does not demand that