White House Reaction to Obamacare Ruling Being Unconstitutional … It’s Judicial Overreach


Yesterday, U.S. Federal District Judge Roger Vinson ruled that Obamacare was unconstitutional. The reaction from the White House was to call the ruling “judicial overreach”. The comment is rather comical seeing that even candidate Barack Obama thought that forcing individuals to purchase insurance was wrong. Actually WH, it was Congressional overreach and they did so against the will of the American people.


From Forbes comes the following White House reaction:

On the White House’s blog, spokeswoman Stephanie Cutter writes: “Today’s ruling – issued by Judge Vinson in the Northern District of Florida – is a plain case of judicial overreaching.” She continues: “Those who claim that the “individual responsibility” provision exceeds Congress’ power to regulate interstate commerce because it penalizes “inactivity” are simply wrong. Individuals who choose to go without health insurance are actively making an economic decision that impacts all of us.”

The DOJ issued its own statement: “There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail on appeal.”

Obviously, it is not well-established legal precedent that Congress can pass a law to regulate non-activity. Ultimately this law will be presented before the SCOTUS and by a 5-4 decision will be struck down. Can “We the People” imagine what life would be like if at any time the federal government to dictate and mandate what you must buy or face the consequences? Why not mandate every one have life insurance, food insurance or that you must buy fruits and vegetables or else.

As stated by judge Vindon from Powerline:

Judge Vinson held that valid legislation under the Commerce Clause must regulate an “activity:”

It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause. If it has the power to compel an otherwise passive individual into a commercial transaction with a third party merely by asserting — as was done in the Act — that compelling the actual transaction is itself “commercial and economic in nature, and substantially affects interstate commerce” [see Act § 1501(a)(1)], it is not hyperbolizing to suggest that Congress could do almost anything it wanted. … 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 for it would be “difficult to perceive any limitation on federal power” [Lopez, supra, 514 U.S. at 564], and we would have a Constitution in name only.

 What is the result of judge Vinson’s ruling … 47 Republican Senators sign on with Jin DeMint (SC-R) repeal bill.

The repeal of Obamacare and its movement through the appeal courts and on to the Supreme Court is setting up to be done just in time for the 2012 elections. Do Obama and Democrats really want Obamacare front and center as the main issue for 2012?

If you liked this post, you may also like these:

  • Virgina U.S. District Court Judge Henry E. Hudson Rules that Federal Mandate in Obamacare Unconstitutional
  • Senate Minority Leader Mitch McConnell (R-KY) Promises to Hold Vote on Obamacare … Democrats May Want to “reevaluate” their Support
  • 54% of Americans Say States Should Have Right To Opt Out of Obamacare
  • Federal Judge Roger Vinson Declared Obamacare Unconstitutional … Uses Obama’s Own Words Against Him
  • Obamacare: 11th Circuit Court of Appeals Strikes Down Obama’s Individual Mandate as Unconstitutional

  • Comments

    29 Responses to “White House Reaction to Obamacare Ruling Being Unconstitutional … It’s Judicial Overreach”

    1. NGBoston on February 1st, 2011 8:57 am

      SM asks: Do Obama and Democrats really want Obamacare front and center as the main issue for 2012?

      That will play a major role in the way the Middle/Moderate Center to Right Independents choose to vote. 2 other big issues will also be:

      ECONOMY, Unemployment (despite the lies and inflated/bogus numbers coming from the White House?)-people can look around and see it’s still about JOBS? Where are all the JOBS?

      IMMIGRATION REFORM: Still got a big problem here.

      My biggest concern is who will be a stronghold Candidate for the GOP?

      Bravo to Federal Judge Roger Vinson. How wonderful it is to see that he understands and interprets the Laws of the US Constitution properly.

    2. Steve on February 1st, 2011 12:22 pm


      I’m glad you highlighted Jobs, which should be the #1 issue in Washington. One question I have is; What are Speaker John Boehner and the House Republicans doing about this?

      I’ve reviewed the list of House Resolutions and there are not any obvious plans for job creation. We need to hold these newly in power Republicans to get working on the main need for the country. This is non-partisan, and is needed now.

    3. SUPER DAVE on February 1st, 2011 12:59 pm


    4. brie. on February 1st, 2011 4:09 pm

      Obama…the country’s enemy…boot him out of office…he has no brains and no intelligence..!!!

    5. Pat in Alabama on February 1st, 2011 4:32 pm

      In his SOU speech he mentioned how government needs to become more efficient by consolidating access to information instead of having separate records for different agencies. That sounds good – become more efficient – until you realize that it really means more government access to your information, more control … and perhaps fewer jobs as some data entry and tech positions are eliminated.

    6. yoyo muffintop on February 1st, 2011 5:45 pm

      A heaven-sent rescue from a crisis situation in which millions were going to be able get health insurance coverage. (sarc)

      #2 – The Republicans are too busy making sure rape victims pay for their own abortions. Not a peep about jobs. And not a peep from the far right……hmmm, I wonder why?

    7. NGBoston on February 1st, 2011 5:45 pm

      #2-Interesting how it seems you believe it is the now Boehner’s Job immediately to spearhead the overall all responsibility of jobs and economic recovery.

      What did Pelosi accomplish for her 2 years, specifically? This is of course, with exception of helping to push through unnecessary cuts, help Obama indeed push through more spending and taxation—and let’s not forget how she backed Frank and many others who were completely up to their eyeballs in the corruption of the entire SubPrime Mortgage Crisis and the Fannie May Freddie Mac bailouts for starters. How she was absolutely determined to push the Health Care Reform down Americans throats as well seemed at the very top of her agenda it appears.

      Now, I’d like to share with you a quote from Sean Combs. Just to shed some light on the fact that Combs was born and brought up in the projects in NY, surrounded by drugs, poverty and all the ills of the lower socio-economic class—here is a black Man who made his way out- regardless of the mistakes he may have made in his past. While you may not like or appreciate his music—-at least he speaks the truth (and his Wife is a Class Act also in her industry so we can also attest that he has incredibly good taste in the selection of his life partner.)

      “I just want the president to do better,” the Politico quoted him as saying in an interview with The Source magazine.

      Diddy said specifically that he hoped Obama would do more for the underprivileged in America and emphasized that “[many] of those people are African-American.”

      The star, who admitted that he cried with joy when Obama was elected, also criticized political game playing.

      “I”d rather have a black president that was man enough to say that he was doing something for black people have one term than a president who played the politics game have two terms,” said Diddy.

      Well, Thanks Mr. Combs. And there you have it Steve. Combs lived the struggle first hand, and while it is true he is a Multi-Millionare now- it is not as if the Man didn’t face tremendous odds, overcome them and turn in to quite the intelligent Business Man.

      I applaud him again for his honesty and calling out Obama about needing to do more, much more. Of course his words concentrate on those of his own skin color, when I interpret it as Obama should be doing more EVERYWHERE for EVERY AMERICAN CITIZEN and their FAMILIES, regardless of their race or heritage.

    8. katablog.com on February 1st, 2011 9:06 pm

      #2: Fascinating, Obama’s been on the job for 2 years and has managed to kill millions of jobs. Boehner has been on the job less than 15 days and you want some results!

      The good news is that there ARE results!

      Boehner has already gotten the House to pass the repeal of ObamaCare – a job killer like no other.

      In addition, the House, with Boehner’s leadership, has already put forth several good ideas for curtailing the massive Obama spending machine. Debt, deficit, taxes and unfunded or unknown requirements KILL Jobs and prevent businesses from being willing to hire additional employees.

      Employers and small businesses need to know that the government will not penalize, tax or restrict their entrepreneurship and investments in their businesses before they will be willing to expand.

      In addition, while congress tries to hijack banks into lending to non-credit worthy lenders, businesses are going begging for money to keep their businesses afloat. Let’s invest in the right thing – the American businessman!

    9. Pat in Alabama on February 1st, 2011 10:53 pm


      Businesses in Alabama are going down the tubes while the media and government tell everyone things are getting better! I work for lots of small businesses, and everywhere I go it is worse; more cutbacks, more layoffs, more closings…

    10. Steve on February 1st, 2011 11:36 pm


      It’s not what I think, its what the American people think.

      1. The People – we need jobs
      2. The GOP – we listen to the American people
      3. The Mid-terms – the people have spoken
      4. The results – the GOP does nothing about jobs!!!!

      This is what’s happening; NewGirl, is this OK with you? Does this agree with you (#1)? Why do you worry about Pelosi, it’s time to move on.

      P.Diddy – WT-eff?

      The country got the GOP they asked for; time to get them moving. Weren’t they elected to do something????
      SM: they have not even begun Steve … just watch.

    11. Steve on February 2nd, 2011 12:09 am


      When Obama took office, UE stood at 7.8% (4.4M jobs lost in prior 9 months, 1.4M jobs in past two months). Needless to say, Jobs were disappearing fast. Since this steep decline was impossible to stop immediately, the next 4 months saw 2.5M more jobs lost. That brought UE to 9.4%. BTW, only a fool or dishonest person truly believes that UE could have been held to only 8% given where Obama started, despite any predictions he made.

      Once the job landslide stopped, jobs hovered within a small range, ending 2010 at 9.4% UE. Not good, no one was satisfied with this; however, the bleeding had been stopped.

      Now, if you can explain how the severe drop in jobs during Bush could be stopped cold starting with the first day for Obama, lets hear it. Perhaps you can explain how many jobs the steep losses would add during the early Obama weeks and months. Where would you draw the line of jobs lost due to Bush policies, and jobs lost due to Obama policies (BTW, please point to the policies that led to lost jobs). Either put up, or . . . be quiet.

      If you want to claim ObamaCare was a job killer, then provide your credible evidence. If you think “the House, with Boehner’s leadership, has already put forth several good ideas for curtailing the massive Obama spending machine”, list the formal resolutions they’ve put forth, so we can review the plans and relevant figures. No press releases, please.

      Businesses had about 8 golden years to do their thing, grow jobs, expand their business, and build a robust economy. What the eff happened then? For one, we know the wealthy got even more wealthy, and it was paid for by growing our debt. Can anyone say redistribution of wealth (millions and millions of wealth)? We also know there was a net job loss during the Bush era.

      And then there are the banks. Despite changes to allow the banks to make more loans (remember TARP), they held onto the money and used it (and more from the Fed) to invest, to make their companies and executives a tidy gain. They are just plain greedy, and they take Americans for suckers.

      Frankly, I’d love to hear about some solid ideas and plans, figures included, that would improve the countries job and financial status. But all there seems to be are opinions and talking points. Hard to solve any problems using them.
      SM: Obamacare is a job killer. It has already been reported that many dr’s would leave the profession and there would be a shortage of dr’s. Also, many hospitals have been shelved as well causing a greater shortage of healthcare.

      I do agree that there needs to be healtcare reform that actually goes to the root cause of the issues. Obamacare is not it.

      I beliebe it does need to be repealed as it is easier to build from the ground floor than it is to renovate a colassal nightmare who’s very foundation is flawed.

      As for jobs, you do believe the premise that government does not create jobs, correct?

    12. Rusty Bridges on February 2nd, 2011 8:32 am

      Jebus cripes Steve you make my head hurt. You must already have all the answers so riddle me this:

      Do you not realize that even the most liberal people in the country have stopped blaming Bush for the current mess?

      Obama said he could fix the ecomomy when he ran for office, he obviously has done nothing to fix it. When did he plan on starting to fix it?

      Yes Bush spent, he was fighting two wars. Didn’t Obama say his day one priority was to get us out of these wars and stop overspending on them? When is that going to happen?

      What part of Boehner’s plan do you not understand when he said that he plans to cut spending, cut taxes, repeal the BS health care that is costing small business to stall?
      How does shouldering all the burden on the small business and mid-income family get the economy going?

      How does making every mid-class person pay for insurance for everybody else make cost go down?

      How does spending our way out of debt help bring down our debt?

      How would you lower taxes and yet fund more govt. programs?

      How does taking money from tax payers to pay for others, including over 800 corporate waivers and now possible state waivers pay for a govt. run healthcare system that will cover more people than are paying into it work out?

      How will you expect working families to keep working to pay into govt. healthcare when they could just quit working and get on the dole too?

      How do you expect small business to pay for its employee healthcare when they could just pay a nominal fine and let the individual employee get their own govt. healthcare?

      How come when an uninsured person goes to an emergency room to get treated for the flu and the actual cost of a doctor, nurse, administrater, for an hours worth of work and the actual cost of the medicine that is all absorbed into the overhead of the hospital and added to the cost of the people who pay for their treatment at that hospital is some how a lot more expensive than the cost of paying for a govt. healthcare system that works on a profit and has to pay for it’s own operating costs, then pay the hospital’s cost which will include profit and overhead?

      You are aware that there is medicare program already in place to help the under-priv. , don’t you?

      Please, I have so many questions, but this will do for now.

    13. super dave on February 2nd, 2011 9:06 am

      yoyo and steve, your propaganga falls on deaf ears. even your own fellow comrades are embarrased by your comments since they contain little if any truth and only show your hate and bigotry. just more democrat racist propaganda from the left handers.
      it always comes out when their precious president
      has over stepped with his criminal activities.

    14. Steve on February 2nd, 2011 9:54 am

      I’ll have answers for you as soon as I get a few myself. Start small; explain the Job creating HR’s.

      You do know most of your questions are about rhetoric and talking points, and are not about any specific evidence.

      Medicare! You don’t say. Thanks for the nugget of nothing. :-O

    15. Steve on February 2nd, 2011 10:36 am


      Great, another repost of standard comment #38. Yawn.

      I still don’t know why you just don’t refer to these by their list# from your pre-written set of standard replies. They never say anything new.

      Perhaps words are a foreign language?

    16. Rusty Bridges on February 2nd, 2011 11:23 am

      Yes, left wing rhetoric and talking points..

    17. Steve on February 2nd, 2011 11:40 am


      It’s quite obvious they’ve not begun. How many jobs are created by redefining rape to limit Abortion (H.R. 3).

      Where in any of the House bills (http://frwebgate.access.gpo.gov/cgi-bin/BillBrowse.cgi?dbname=112_cong_bills&wrapperTemplate=BillBrowse_wrapper.html&billtype=hr) is job creation a factor? If there is one, might there be at least two? How many new jobs are predicted?

      I have to wonder how long the American people will let themselves be fooled by the GOP.

    18. NGBoston on February 2nd, 2011 11:54 am

      #10=Steve—Please do no insult your own intelligence as you obviously missed the entire point of my using the quotes made recently by Sean Combs. I do not admire him as some kind of Guide to all the Superstars—so since you seem to have a problem with basic English Comprehension, I will break it down for you to a 5th Grade Level.

      The point of his post was that even those who originally admired Obama and looked forward to all the HOPE AND CHANGE he promised are disappointed in him. Even those who have massive exposure in the MSM, someone frequently in the limelight like Combs can see it and he called Obama out on it. That was the POINT STEVE.

      Your Bullet Points 1 through 3 are correct. No certain about 4. It’s not that black and white, Steve and I am one of millions of former Democrats who now vote Independent with leaning more towards Right- but Middle/Center.

      The extreme Left Liberals make me want to toss my cookies Steve, and I live in a State filled with them.

      Yes, they were elected to do SOMETHING….Steve—15 days in and you are already bitching. Just like Obama kept pointing the finger at GWB for his first 2 years in office—look at what you are doing now. Very same thing. If you know anything about bureaucracy and how things work in the Senate or House, certainly you can’t expect miracles in 2 weeks time. Be realistic and stick to the facts. Would also be helpful if you were a little less defensive in some of your posts and would refrain from painting us all with the same broad brush strokes.

    19. yoyo muffintop on February 2nd, 2011 12:45 pm

      Where are the House Resolutions on jobs?

      Hilarious – Day 1, minute 1, the Republicans decided that it was important to read a censored version of U.S. Constitution on the House floor. That exercise added $1.1 million to the deficit.
      Day 1 Republicans added $1,100,000 to the deficit…yet it appears some folks blindly believe they are working on the deficit? Makes no sense if you can think past a talking point.

      Sloganeering and talking points does not equal House Resolutions.

      So were are the jobs Republican?

    20. Steve on February 2nd, 2011 3:46 pm


      If my intelligence is being insulted, I can assure you it’s not self-inflicted. To be frank, I couldn’t care less about Combs, no matter what he said. It could have been George Leroy Tirebiter, for all I care. I’ll freely admit that at least 50, maybe even 100, people changed their opinion about Obama. ;-) IMO, why should 1 person be significant, celebrity or not.

      You should check out the already large list of House Resolutions (link in #17), to see what the GOP has already planned out. I tried to find anything on jobs, but came up empty. Maybe your luck would be better.

    21. NGBoston on February 2nd, 2011 4:02 pm

      #19 YoYo—Since you’ve been hanging around here now for quite some…you have continually proven yourself to be a are prime example of one who takes things out of context, is a typical Moonbat and Extreme Leftist/Socialist/Borderline Marxist who thinks he has all the answers and never listens to anyone else. I am certainly no expert or genius, and no one in here claims to be or be 100% correct all the time about everything. It’s not always conceptual and open to interpretation in YoYo’s world—it’s just you claim to be right about everything and everyone else does not have a right to speak our minds or make any statements contrary to what you believe? Ugh.

      It is nice to see you jumping on the bandwagon with a new Member and fellow blogger. Steve has not made it to complete Libtard status yet (you are one of many who still proudly share that title). Who are we to judge a new blogger this early on or throw him under the bus because he may not agree with some of the topics here? Steve has a right to post as he wishes, just like anyone else. So far from what I’ve witnessed anyway, some of Steve posts is way more accurate than the BS you continually try to flame the fires with. Also, he is 100% more polite than you will ever be on any given day. He at least attempts to back up his disagreements with some thoeries, mixed with some facts and is at least willing to hear other people out. He doesn’t have to agree with anyone on here. Today your post was actually one of your most civil, but we have seen repeatedly the way you disrespectfully argue and bully people like the big Man/Woman whatever the hell you are hiding behind your computer screen.

      This is not a pissing contest since everyone is obviously entitled to their own opinions and views. YoYo, you hate anything Republican and your blood pressure increases dramatically at the mere mention of Sarah Palin’s name, our former President or again, ANY REPUBLICAN on any given day. That is just something that is ingrained in you. You incite, finger point, misrepresent, pick on bloggers when they may make mistakes typing things or misquote something— and the norm for you has been rude and childish. Very rarely, if ever, do you look at anything rationally since anything with (R) or Tea Party related to it sends you into near oblivion.

      Yoyo-If you can honestly and sincerely sit here and say you have seen MAJOR POSITIVE changes in the way our Government has been running for the past 2 years, then you once again return to your original state of mind which is clearly delusional at best.

      Hugs & Kisses xoxoxo
      Your old Nemesis From BeanTown

    22. yoyo muffintop on February 2nd, 2011 6:27 pm

      “Yes, they were elected to do SOMETHING….Steve—15 days in and you are already bitching.”

      You were bitching about President Obama in less time than that #18. Care to re-read your own posts?

      “No excuses and no blaming … you wanted the job, fix it.” (SM’s only a few days after inauguration)

      So were are the jobs Republicans? And why aren’t you complaining tea party folk? Is it because they have an “R” after their name? Or is is something else, something you tea partiers told us just wasn’t true? Makes one wonder doesn’t it?

      So were are those jobs Republicans?

    23. Steve on February 3rd, 2011 12:38 am


      If you want, you could check out the already large list of House resolutions (link in comment 17), to see what the busy GOP has already planned out. I tried to find anything on jobs, but came up empty. Maybe your luck would be better.

      BTW, although sworn in recently, I sure hope they had preplanned ideas even before the election, that could have been refined since then. Do we have to wait forever for them to act? Americans are hurting, for criss sake.

      AFAIK, the Obama/Bush comparison to now is a mismatch; I’m referring to elected officials, and what they need to do (not what they’ve done).

      I do try to make individual responses, but frustration can leak through sometimes. I do get defensive when focused posts are answered with a litany of unrelated dribble. I try to use facts and evidence to support my words, yet some aren’t able to get it. Others can claim facts, yet offer only opinion; it gets to me sometimes. Thanks, I appreciate your constructive feedback.


      BTW, in earlier comments you said 2 things I totally agree with:

      “ECONOMY, Unemployment . . . people can look around and see it’s still about JOBS? Where are all the JOBS?”

      “Obama should be doing more EVERYWHERE for EVERY AMERICAN CITIZEN and their FAMILIES, regardless of their race or heritage”.

    24. NGBoston on February 3rd, 2011 6:30 am

      #22- YoYo. Here’s an annoying phrase that applies to your post ….Whatever.

      #20 Steve— I do love that sense of humor I detect in there w/sarcasm….can appreciate that as well as you agreeing with those important bullets we see eye to eye on.

      BTW, you are extremely well read and informed so I respect that as well as enjoy reading your comments and views. We don’t have to agree on everything, and it is completely obvious how intelligent you truly are–so upfront you are granted respect. Get your point also about elected officials, to which my only response at present is we will have to be a bit more patient to see what is in line in the very near future.

      It gets colorful in here sometimes & I freely admit on being a feisty, stubborn, passionate and opinionated commenter, but I never could lay claim to be an expert on anything, Oh Hell No! Not at all. Openly exchanging thoughts and ideas with others is awesome, I think. It’s a continual learning process.

      If you continue to blog here- you will get familiar with some of the regular “personalities”…everyone is different and has their own style, as do you.

      Beware of the trolls though, like most good websites they do pop in here and there so I also get a kick out of Red when the really obnoxious ones get booted.


    25. NGBoston on February 3rd, 2011 6:31 am

      Morning….first post of the day got gobbled.

      Thanks, rescue team.

    26. Rusty Bridges on February 3rd, 2011 8:12 am

      Boehner is president now? I missed that.

    27. super dave on February 3rd, 2011 9:25 am


    28. yoyo muffintop on February 3rd, 2011 2:20 pm

      #21 Newgirl – weird. Obsess about someone else please.
      Stay safe with all that snow – looks pretty crazy out there.

    29. NGBoston on February 3rd, 2011 3:34 pm

      #28- Obsess??? lol Once again

      WHATEVER YOYO! You are impossible.

      Thanks for your concern for the crazy weather here in New England, however.


    Leave a Reply

    Support Scared Monkeys! make a donation.

    • NEWS (breaking news alerts or news tips)
    • Red (comments)
    • Dugga (technical issues)
    • Dana (radio show comments)
    • Klaasend (blog and forum issues)
    E-mail It