Universal medicare has been struck another blow, this time by the Florida court. My own bias is that conservatives will not allow America to have universal healthcare coverage under any circumstances. If NESARA were not in the offing I’d feel greatly saddened.
Universal medicare is the right of every citizen in my country. It’s a jewel in the Canadian crown. I’ve never heard anyone want to be without it, although the cabal has tried to force Canadians into an HMO-style system and been blocked. There is no such thing as a Canadian losing their house because of medical bills that I’m aware of. If it’s ever happened, I’ve never heard of it. It’s certainly not a topic of conversation.
But the transition to NESARA and the arrival of new management will see universal healthcare established in the States too and new healing technologies introduced and so I think it’s only a matter of a few more months before the situation is turned around (of course I could always be wrong).
What Matthew Ward said of the November elections, I think, applies to health-care reform as well:
“Please do not be despondent if your ‘party’ or ‘candidate’ loses. If winners are of the light they will hold their seats and if they are not, their tenures will be short-lived. In stages during the time remaining before the onset of that glorious Age at the end of your year 2012, governments of every nation will become bodies that honorably and abundantly serve the interests of their people. That transformation is not very far off — with everything in acceleration mode, linear time is passing faster and faster.” (Matthew’s Message, Sept. 11, 2010.)
Judge strikes down entire new health-care law
Health-care law challenges
A federal judge in Florida struck down the entire new health-care law Monday, ruling that its requirement that Americans obtain health insurance is unconstitutional and cannot be separated from the rest of the statute.
The decision by U.S. District Court judge Roger Vinson in a suit brought by the attorneys general and governors of 26 states – all but one of them Republican – is a more sweeping repudiation of the law than a ruling out of Virginia that also found the insurance mandate invalid.
At a time when House Republicans already have voted to repeal the law, the ruling bolsters GOP arguments in a legal battle widely expected to end in the Supreme Court. Twenty-five court challenges have been filed since the law’s adoption last March; with Monday’s decision, two rulings so far have upheld it and two have found all or part of it unconstitutional.
In a 78-page opinion, Vinson compared the law to “a finely crafted watch” in which “one essential piece is defective and must be removed.” As a result, he wrote, “It cannot function as originally designed. There are simply too many moving parts in the Act and too many provisions dependent (directly or indirectly) on the individual mandate … for me to try and dissect out … the able-to-stand-alone from the unable-to-stand alone.”
Vinson stopped short of granting a request by the plaintiffs to suspend the law pending further appeals, so in the short run, his ruling is unlikely to delay its ongoing implementation by the Obama Administration.
To hear universal medicare called “ObamaCare” is really something that I think Americans should consider carefully. We’re talking about a universal health-care plan which would see every American have the cost of hospital diagnoses, operations, and care, visits to the family doctor, and visits to a specialist entirely covered. What is “Obama-istic” about that? The tendency to stigmatize things in this way, calling them “ObamaCare” or “socialistic,” is costing Americans dearly. I do so much hope that readers of this site are not taken in by such a cheap, manipulative trick. OK, nuff moralizing.
Strike two for ObamaCare
Following the decision of a federal court judge in Virgina that ruled that the individual mandate is unconstitutional, a Florida court today, in a case involving some 26 states, has held the entire legislation is unconstitutional.
“The [Affordable Healthcare] Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge [Roger] Vinson wrote.
In a 78-page opinion, Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Judge Vinson wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.
“If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain,” Judge Vinson wrote.
In determining that the individual mandate could not be severed from the rest of the law, the judge found:
If Congress intends to implement health care reform — and there would appear to be widespread agreement across the political spectrum that reform is needed — it should do a comprehensive examination of the Act and make a legislative determination as to which of its hundreds of provisions and sections will work as intended without the individual mandate, and which will not. It is Congress that should consider and decide these quintessentially legislative questions, and not the courts.
I read the section on “Injunction” and could scarely believe my eyes. Was the judge ordering the government not to enforce ObamaCare in all 26 states. Oh, yes, indeed.
Robert Alt of the Heritage Institute e-mailed me, “The judge noted that declaratory relief is the functional equivalent of an injunction, and applied the long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court.’ So in the case, the judge asserted that the declaratory relief should bind the parties. If the Obama administration wishes to impose the requirements of Obamacare upon the states, it will need to seek a stay of the opinion either from the judge, or from the 11th Circuit.”
Sure, this will go to the Supreme Court, but Obama’s historic legislation has been dealt a harsh blow.