Obamacare Takes Standing 8-Count

Here’s to the 11th Circuit Court of Appeals: their 2-1 ruling yesterday confirmed that our Federal overseers cannot require us to buy broccoli if we don’t want to. The 11th Circuit wasn’t talking about the innocuous brassica oleracea, of course, but about the toxic individual mandate provision of the grossly misnamed Patient Protection and Affordable Care Act, aka Obamacare, that was foisted upon us by a group of progressive tyrants masquerading as legislators. The court correctly determined that if Leviathan could force you to buy health insurance in the name of the common good, it could force you to buy anything.  But before we crack open the victory champagne, it might behoove us to consider the words of Thomas Lifson, writing in The American Thinker:

We shouldn’t be shocked that two federal judges ruled that the individual mandate is unconstitutional. We should, however, be outraged that any judge thinks that it is constitutional! Stanley Marcus, the one judge on this three judge panel who agreed with the Obama administration, wrote that the other two judges “ignored the undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy.” Let’s stop here for a minute. Let’s all go back and read that one more time.

Have you read it again? Do you catch what he said? He is asserting not that Congress has the legal power to force us to buy a product or service, rather that they have that authority because it is “generally accepted” that they have the authority! Marcus is telling us that simply because the power that Congress has seized has grown that We the People simply have to accept it. It doesn’t matter that Congress has absolutely zero Constitutional authority to do something. They’ve done it! They’ve taken the power! It happens all the time so it must be fine, right? Isn’t that a bit like telling a murderer that he won’t be charged because the murder rate has gone up?

 What makes the comments of the dissenting Judge Marcus even more outrageous is that (according to Wikipedia) he is a Republican originally nominated for the U.S. District Court by Ronald Reagan! In fact, just last June Judge Marcus indicated that he was unable to find any previous case in which a court upheld a ruling

“telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?”

Despite the unjustifiable dissent of Judge Marcus, Obamacare, the signature legislation of the socialists in the 111th Congress, has been given a standing 8-count by the U.S. Constitution.  And it might be gasping for air, but it’s still on its feet. Nine black-robed Supremes are going to decide the winner of this bout. You never know. Lord Camden, Lord Chief Justice of Merry Auld England, remembered in this country primarily for his namesake city with the 2nd highest crime rate in the United States, said in 1680,

The discretion of a Judge is the law of tyrants: it is always unknown. It is different men. It is casual, and depends upon constitution, temper, passion. In the best it is oftentimes caprice; in the worst it is every vice, folly, and passion to which human nature is liable.”

This fight ain’t over.

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About Bob Mack

Retired since 2003. Military Service: U.S. Army, 36th Artillery Group, Babenhausen, Germany 1966-67; 1st Signal Brigade, Republic of Vietnam, 1967-68 Attended University of Miami, 1969-73
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21 Responses to Obamacare Takes Standing 8-Count

  1. Pingback: Obamacare Takes Standing 8-Count (via Be Sure You’re RIGHT, Then Go Ahead) | My Blog

  2. LD Jackson says:

    Does this mean that we can do whatever we want, just because it is generally accepted that we can do whatever we want? How did Stanley Marcus become a judge with that kind of attitude toward the law?

    No, this fight is not over, far from it.

    • Bob Mack says:

      Morning, LD. Marcus apparently has the same cavalier attitude toward foundational law as the Congressional Pelosians:

      At the U.S. Capitol on Oct. 22, 2009, CNSNews.com asked then-Speaker Pelosi, “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”

      Pelosi said: “Are you serious? Are you serious?”

      Her spokesman, Nadeam Elshami then told this news agency, “You can put this on the record. That is not a serious question. That is not a serious question.”

      Or maybe the Leahyites:

      At the U.S. Capitol on Oct. 22, 2009, CNSNews.com asked Leahy, “Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?”

      Leahy said, “We have plenty of authority. Are you saying there is no authority? … Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that.”

  3. To my knowledge, there is no university that teaches judgeship or how to be a judge. There is a private institution that teaches how to be a judge of some repute, that I believe is based in Reno, Nevada. That is sobering, don’t you think? A judges decisions should be based on law and any information available as to the intent of the framers of the law, not on the judge’s personal feelings. Activist and stupid judges have possibly done more harm to this country than any law making body or government executive.

    • Bob Mack says:

      Petty tyrants abound among the Dems and on the bench, JIM. As the ’60s guru Don Juan said (via Carlos Castanada):

      “A petty tyrant is a tormentor…….Someone who either holds the power of life and death over warriors or simply annoys them to distraction.”

  4. bunkerville says:

    The last I heard, one did not have to have a law degree to be a Judge. Perhaps that has changed. Either way, we are well on the way to losing our Democracy- Republic if you so choose, though it seems that mob rule is well underway.

  5. Bob Mack says:

    It’s been a tough week for the Obamunists. Another federal judge has ruled against them, and this one was appointed by Obama!

    U.S. District Judge Nancy Freudenthal ruled in favor of a petroleum industry group, the Western Energy Alliance, in its lawsuit against the federal government, including Interior Secretary Ken Salazar.

    The ruling reinstates Bush-era expedited oil and gas drilling under provisions called categorical exclusions on federal lands nationwide, Freudenthal said.

  6. Bob Mack says:

    From Keith Koffler’s White House Dossier: The Obamacare Court Fight is About Liberty Itself

    The battle in the judiciary against Obamacare is viewed mainly as an effort forestall the imposition of a nationalized health system. But as yesterday’s ruling against the health care purchase mandate portion of the bill makes clear, it’s more than a battle against Obamacare. It’s a fight to prevent an new, unprecedented era of government power over our lives…

    …The two judges who decided the case – one appointed by DEMOCRAT Bill Clinton, make clear that this is the road to requiring you to do WHATEVER THE HELL THE GOVERNMENT WANTS YOU TO DO.

    …If the mandate is upheld by the Supreme Court – or if one of the conservative justices drops dead before this is considered the middle of next year – be afraid of an unprecedentedly empowered federal government.

    Be very afraid.

  7. Trestin says:

    The legal profession has become as left leaning as higher education.

  8. When I confronted my liberal neighbor about ObamaCare’s unconstitutional mandate a while back, my neighbor actually admitted that I was correct.

    So, what was the next statement coming from his lips? “That’s why we need a single-payer system.” I predict that that will be the next direction of the next push for health care reform.

  9. roxannadanna says:

    NO, the fight’s not over. I’ll take every win I can get.
    And the legal profession is left wing BECAUSE of the education system.

  10. Pingback: Obamacare Takes Standing 8-Count (via Be Sure You’re RIGHT, Then Go Ahead) « Gds44's Blog

  11. roblorinov says:

    The sooner this thing is trashed in total the better! I understand that the health insurance companies stand to make a huge profit from this off of the individual mandate. No wonder they did not fight it! This is NOT the kind of healthcare reform America envisioned! This is just one more corporate stick it to the people ploy! Reform? Ha! Not in this thing.

  12. Bob Mack says:

    Crony capitalism…evolving into one-payer socialism?

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