Obamacare: 11th Circuit Court of Appeals Strikes Down Obama’s Individual Mandate as Unconstitutional

INDIVIDUAL MANDATE OF OBAMACARE RULED UNCONSTITUTIONAL BY THE 11TH CIRCUIT COURT OF APPEALS …

In the battle against Obamacare and its unconstitutionality, this is the big one. The 11th Circuit Court of Appeals has ruled that the individual mandate in Obamacare is unconstitutional. Twenty six states, that include Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming, are battling Barack Obama as to whether the US government has the right to force Americans to buy health care insurance.

Previously in January 2011, Judge Roger Vinson ruled on Obamacare and struck the entire law finding that the mandate could not be severed from the rest of the law. The 11th Circuit ruled that the mandate was unconstitutional, however, they did not throw out the entire law, finding that the mandate could be severed. This hardly makes sense with regards to severability.In any event, this is headed to the SCOTUS.

That last part makes little sense, since the law had no severability clause in it. Kill one part, you kill it all has been the theory. Kicking out the mandate but leaving the rest intact makes things even messier, in my opinion.

The Court’s opinion can be read HERE.

Le-gal In-sur-rec-tion has highlighted  many of the major points of the Court’s opinion.

We first conclude that the Act’s Medicaid expansion is constitutional. Existing Supreme Court precedent does not establish that Congress’s inducements are unconstitutionally coercive, especially when the federal government will bear nearly all the costs of the program’s amplified enrollments.

Next, the individual mandate was enacted as a regulatory penalty, not a revenue-raising tax, and cannot be sustained as an exercise of Congress’s power under the Taxing and Spending Clause. The mandate is denominated as a penalty in the Act itself, and the legislative history and relevant case law confirm this reading of its function.

Further, the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional. This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives. [...]

Obviously, Obamacare is headed to the US Supreme Court and most likely right before the 2012 Presidential election. This will be disastrous for Democrats and Obama reelection bid in 2012. Democrats ran from the Obamacare issue in the  2010 midterm elections as no Democrats wanted to embrace the fact that they rammed government sponsored healthcare down the throats of Americans and signed into law with no GOP votes a law that forced Americans to buy healthcare. Obamacare is hated by the American people and an overwhelming majority want it repealed. Presently, the polls at Real Clear Politics have only 38.8% in favor and 50.6% opposed. Good luck to Democrats dealing with this headache during the 2012 elections, a situation that they brought about themselves by going against the will of the American people. There will be retribution by We the People in 2012.

As reported at the Gateway Pundit via the AP, the White House disagrees with the 11th Circuit court’s decision. That’s it Barack, you keep touting Obamacare, you run on that in 2012, I am sure the American people will embrace it.

Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.

She says the White House is confident that ruling will not stand.

Polygamist Sect Leader Warren Jeffs Found Guilty Sexual Assault on Two Minor Child Brides … Prophet? He is a Convicted Pedophile

Finally justice is served …

Polygamist sect leader Warren Jeffs has been  found guilty by a Texas jury of child sexual assault.The crimes took place as a result of two young female followers he took as child brides in what his church calls “spiritual marriages.” Of course spiritual marriages is code for raping young girls.

The head of the Fundamentalist Church of Jesus Christ of Latter Day Saints stood stone-faced as the verdict was read. Jeffs, who acted as his own attorney, stood mostly mute for his closing argument, staring at the floor, for all but a few seconds of the half hour he was allotted.

At one point he mumbled, “I am at peace,” and said no more. The only noise in the courtroom was the creaking of wooden benches brimming with spectators.

Warren Jeffs represented himself in his trial which not only proves the age old adage that when one represents them self they not only have a fool for a client, but some times a pedophile as well. Jeffs stood silent during his closing argument.

How absolutely sick that Waren Jeffs would try and hide behind freedom of Religion in order to sexually assault female minors. Jeffs’ got one thing right, God will seek revenge; however, it will be Jeffs who faces God’s judgment and a special life time of eternity in the 7th level of Hell.I hardly think that God appreciates it when you implicate God in the following, “instructing young women on how to please him sexually — and thus, he told them, please God.”

Prosecutors used DNA evidence to show Jeffs fathered a child with a 15-year-old girl and played an audio recording of what they said was him sexually assaulting a 12-year-old. They also played audio recordings in which Jeffs was heard instructing young women on how to please him sexually.

Good grief, this man taped the rapes of minors and called them training sessions.  It took the jury of 10 women and two men just 3 1/2 hours to return a guilty verdict, Jeffs faces a possibility of live in prison. I guess its safe to say that we can rest assured that it was not the Casey Anthony jury that heard this case. Had it been, they would have thought that it was George Anthony who might have assaulted the two child brides and not Jeffs.

Warren Jeffs, what a creepy little, evil man who will now get his and exactly what he has coming to him. A note to the FLDA, Jeffs is not a prophet, he is a pedophile.

What Are the Odds … Lightening Strikes Tree at Caylee Anthony Memorial Sight on Day Casey Sentenced & to be Released from Jail Next Week

Is it sign from above … You Betcha!

On the very day that tot mom Casey Anthony was sentenced by Judge Belvin Perry for the 4 counts of lying to police that after time served will see her getting out of jail July 13 17 … there was a sign from above of displeasure of the juries decision.  On the very day that Casey Antony is only sentenced for four misdemeanors of lying to police rather than for the murdering of 2 year old Caylee …a tree at the memorial where the remains of Caylee Anthony was found was struck by lightening. I am thinking that many in Heaven are none to happy and have interesting ways of showing their feelings.

“It could be a sign from the angels that they aren’t happy with what’s happened,” said 40-year-old Keyla Lugo of Orlando, who has visited the memorial in the Chickasaw Oaks subdivision twice this week. “It’s a sad day for Orlando, for Caylee and for justice. The rain, the lightning, the storm — it’s the heavens indicating they aren’t happy.”

Coincidence? A sign? You make the call. What are the odds of such an act occurring? Some one upstairs does not seem to be too happy with the recent turn of events in the Casey Anthony murder trial. This act of nature reminds me of the the Natalee Holloway case in Aruba when Natural Bridge collapsed following the disappearance of the Alabama teen on “One Happy Island” as the Man upstairs was none too happy with that situation either.

The Dana Pretzer Show On Scared Monkeys Radio – Tuesday June 28, 2011 – Special Guests: Blink from Blink on Crime & Robin Sax Discussing the Casey Anthony Murder Trial of Death of Caylee Anthony

LISTEN TO THE DANA PRETZER SHOW ON SCARED MONKEYS RADIO

Tonight Dana welcomes special guests:

• Crime Blogger Blink, the editor in Chief of Blink On Crime provides updates,  analysis and the latest goings on in the Casey Anthony murder trial. Get the latest on the trial of the tot mom and the death of Caylee Anthony … Competence, Chloroform and Kronk, Oh My.

• Robin Sax – Former ADA, attorney and author and all around great legal analyst will be providing legal insight, analysis and will be  discussing the many aspects of the Casey Anthony murder trial.

Bad Day for Blago … Rod Blagojevich Found Guilty & Convicted on 17 of 20 Counts of Corruption

BLAGO GUILTY ON 17 OF  20 COUNTS OF CORRUPTION … BYE, BYE BLAGO.

The only person who was stunned following the juries verdict today was former Illinois Governor Rod Blagojevich was … Rod Blagojevich. Blago was convicted by a jury today on 17 of 20 counts of corruption. He will be going away fro quite some time.  They convicted Blagojevich on all 11 counts on the sale of the U.S. Senate and all three counts on the shakedowns of Children’s Memorial Hospital and a racetrack executive.However, why is anyone surprised, Blago was just doing it the Chicago way.

Saying he was “stunned,” Rod Blagojevich was uncharacteristically tight-lipped today after a jury convicted him on 17 of 20 counts of corruption against him.

Holding his wife’s hand, Blagojevich spoke in a somber tone to a crush of reporters in the federal courthouse. “Patti and I obviously are very disappointed in the outcome. I, frankly, am stunned. There’s not much left to say other than we want to get home to our little girls and talk to them and explain things to them and try to sort things out. And I’m sure we’ll be seeing you.”

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