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?

Support for Obamacare Hits New Low as Court Ruling Against Federal Mandate to Purchase Insurance Unconstitutional

Obamacare fails in the courts and with “We the People” …

It is no surprise that on the day that on the very day that Virgina U.S. District Court Judge Henry E. Hudson ruled that a key provision of the nation’s sweeping health-care overhaul is unconstitutional, it is no coincidence that support for Obamacare is at a new low.

In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress’s power to regulate interstate trade.

“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote. “In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]

The overreaching government health care plan also finds itself with a new low in support. A news  ABC News/Washington Post poll finds support for the landmark legislation at a new low at 43% in favor and 52% opposed. It was said by Obama and the Democrats that the people would learn to like Obamacare. How wrong they were.

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Barack Obama to Announce Elena Kagan as SCOTUS Nominee … Elections Have Serious Consequnces

NBC News is reporting that President Barack Obama will choose  solicitor general Elena Kagan and former Harvard Law School Dean as the next Supreme Court Justice nominee to replace the retiring Justice John Paul Stevens.

President Barack Obama will nominate Solicitor General Elena Kagan to the Supreme Court, positioning the court to have three female justices for the first time, NBC News reported late Sunday.

Kagan served as the Dean of Harvard Law School from 2003 to 2009. She was widely viewed as a front-runner when Obama was considering candidates for a Supreme Court opening last year, but the president ultimately chose Sonia Sotomayor for the job.

My what a difference a year makes. As the MSM and WH champion Kagan as a moderate, just one year ago when Kagan was on the short list for the SCOTUS that ultimately went to Sonia Sotomayor, Michelle Malkin described her as follows:

… Dean Kagan has taken positions that are disturbingly out of the mainstream. For example, driven by her view that the “don’t ask; don’t tell” policy adopted by a Democrat Congress and President Clinton is “a profound wrong–a moral injustice of the first order,” she argued that it violates the First Amendment for the United States to withhold funds from colleges that ban the military from recruiting on campus. The Supreme Court unanimously rejected this view …

Check out the C-SPAN videos linked to by Tammy Bruce.

WOW, seems to be several references as to whether Kagan is a Gay/Lesbian … “not that there is any thing wrong with that”.

Go the the SCOTUS blog for much more back ground

The 50 year old Kagan, if confirmed which by all accounts seems to be a yes based on past confirmations, will be serving in the SCOTUS for decades to come. Yes America, elections do have consequences as the most liberal President in the history of the United States is about to  nominate a second justice to the  SCOTUS and a third can’t be too far away.

Even more at the SCOTUS blog here.

Chief Justice John Roberts Says Obama’s State of the Union Criticism of SCOTUS

Revenge of the Jedi …

Supreme Court Chief Justice of the United States  John Roberts shot back at President Barack Hussein Obama’s criticism of the court’s decision striking down some campaign finance reform laws during the Obama’s  State of the Union.  During a Q & A session at the University of Alabama law school, Roberts responded to a student’s question regarding Obama’s rebuke of the SCOTUS decision.

Justice Roberts stated that anyone was free to criticize the court; however it was the political setting and the image of the members of one branch of government standing up, surrounding the Supreme Court, cheering and hollering. All this while the SCOTUS according the requirements of protocol had to  sit there expressionless. Justice Roberts said,  “I think is very troubling.” Might we also add that it was only one party of another branch of government doing this in lock step with Obama’s urging.

U.S. Supreme Court Chief Justice John Roberts said Tuesday the scene at President Obama’s State of the Union address was “very troubling” and the annual speech has “degenerated to a political pep rally.”

Obama chided the court, with the justices seated before him in their black robes, for its decision on a campaign finance case.

Responding to a University of Alabama law student’s question, Roberts said anyone was free to criticize the court, and some have an obligation to do so because of their positions.

“So I have no problems with that,” he said. “On the other hand, there is the issue of the setting, the circumstances and the decorum.

“The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according the requirements of protocol — has to sit there expressionless, I think is very troubling.”

Watch CBS News Videos Online

Troubling indeed and a pattern of behavior with President Barack  Obama. This President was elected to change the tome on Washington, DC and how things were done. Obama was to reach across the aisle and create a more collegial atmosphere in DC and govern in a bipartisan manner under the banner of “Hope & Change” … So he said during the campaign.

All The One has done for his rhetoric is bring Chicago-style politics to the White House. Obama is the MOST PARTISAN PRESIDENT in the modern era.  The One has attacked Republican members of the House and Senate and acted  in such a partisan manner that he even went after the SCOTUS in a venue that was completely uncalled for an inappropriate.  Let alone, Obama got the legal case wrong.

From Hot Air comes the response from White House spokesman Gibbs:

Surely you weren’t expecting an apology from this tool.

Asked for comment, White House press secretary Robert Gibbs said, “What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections – drowning out the voices of average Americans.”

Gibbs continued, saying, “the President has long been committed to reducing the undue influence of special interests and their lobbyists over government. That is why he spoke out to condemn the decision and is working with Congress on a legislative response.”

Roberts would later say at the UA Law School that justices are not required to attend the SOTU but have traditionally done so as a sign of mutual respect for the president and legislative branch. Look for there to be 5 empty seats at Obama’s next State of the Union in 2011, the missing SCOTUS formation as a mutual sign of respect for this President. Respect is a two way street Mr. President.

Barack Obama Thumbs his Nose at Separation of Powers and Insults the SCOTUS … Low Rent and No Class

DEMOCRAT HYPOCRITES!!!

The Audacity of Dope, A disrespectful and defiant President insults the SCOTUS …

Wonder why America is disenchanted with Barack Obama and his so called Hope & Change.  Talk about bad form … and this President and his fellow Democrat minions go upset when  Rep. Joe Wilson R-(SC) said, “You Lie”.  Barack Obama lectured the Congress and America during his State of the Union Speech on civility and then pulled this stunt?

It almost defies logic, reason and respect; however, Barack Hussein Obama did the unthinkable during his first State of the Union Speech and tried to intimidate the Supreme Court of the United States.

So much for separation of powers, but Obama thinks he is above everything.

Watch CBS News Videos Online

Justice Alito can be seen saying “Not True”

NRO shows that Justice Alito was correct in his “not true” comment and Obama engaged in demogoguery of the worst kind,

With the SCOTUS in plain sight of Barack Obama, the One made the following classless and disgraceful comment by insulting the SCOTUS and having his fellow Democrat lapdogs stand clapping and cheering furthering the insult and  thumbing their noses at the separation of powers.

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Obama Vows to Fight SCOTUS Decision on Free Speech Corp Campaign Money … But People Agree with the Courts

The United States Supreme Court handed down its decision on a key part of McCain-Feingold and corporate donations being considered free speech.

Once again it would appear that President Barack Obama is not only on the wrong side of the American Public, but the Supreme Court of the United States.  In his weekly radio address, Obama lashed out against the SCOTUS that reversed campaign finance laws stating that they were considered free speech. However, should the United States be concerned when a sitting President starts threatening the highest court in the land?

After a week of setbacks for Democrats and progressive causes, President Barack Obama took to the airwaves this morning to attack the Thursday Supreme Court decision that lifted restrictions on corporate spending in elections, sounding a populist alarm and vowing to work with Congress to formulate some sort of legislative response.

Obama states he is going to fight for the American people, yet the American Public in a recent Gallup Poll agree with the SCOTUS that Campaign Money Is “Free Speech.” 55% of Americans agree that corporate and union donations should be the same as individual donations while only 39% disagree. This is also not a Repulican or Democrat issue as 62% and 64% respectively agree that corporate/union donations should be treated the same as individual donations.

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Barack Obama Flip Flops on the Second Amendment and Gun Control … Internet You Tube Fact Checking

What ever happened to politicians taking a stand on an issue and holding to that position? We are not talking about positions that may change due to economic or social changes within our society like whether to drill offshore or not due to the ever rising price of oil. We are talking about positions regarding the Constitution and Amendments, like a position on the right to bear arms.

The folks at Hot Air make a very good point in that Barack Obama has yet to figure out You Tube or the instant fact checking capability of the internet. Fact checking and discovering candidate flip-flopping is no longer just the job of the media but now the duty of the many on the web.

Now, with video on line and millions of fact-checkers scrutinizing every statement, any obviously false statement will get exposed in short order.  Yesterday’s assertion by Barack Obama that he never said the DC gun ban overturned by the Supreme Court was constitutional or that he supported it became the latest in his flip-flops to be exposed by a simple review of the videotape record:

In February 2008 Obama provides an explanation of how the DC gun ban is part of a Constitutional effort at gun control. Fast forward to June 26, 2008 after the SCOTUS ruled in favor of upholding the 2nd Amendment of the Constitution and declared the DC ban was unconstitutional. However, once again as the Gateway Pundit points out, “Bang! Bang!… Bambi Gunned Down on YouTube.”

Obama has done a complete 180 on gun bans, attempting to paint himself as a moderate when the paltry record of Obama’s political stands shows just the opposite. (Ed Morrissey, Hot Air)

Doesn’t Barack Obama sound like yet another past Democratic Presidential wannbe, John Kerry, in that he was for it before he was against it.

Obama: I was for the D.C. handgun ban before I was against it

US Supreme Court Should be Ashamed … 5-4 Vote Child Rapists Can’t be Executed

Think Presidential elections do not matter? Who do you think appoints Supreme Court Justices? You best remember this come November! Take a good look how the two Presidential candidates answered the question. Obama has always tapped danced around the death penalty issue like the true leftist that he is. Obama has said that he disagrees with the SCOTUS ruling, yet he is against the death penalty. Meanwhile John McCain stated the following, “As a father, I believe there is no more sacred responsibility in American society than that of protecting the innocence of our children.”

What type of SCOTUS justices do you think each candidate would appoint?

Shame on the US Supreme Court … protecting child rapists as if they are people to. How sick is this that rapist’s rights trump innocent children’s rights? Think Presidential elections do not matter? The liberal judges of the Supreme Court could care less about your children’s rights. Conservative judges like Samuel Alito dissented stating, “The harm that is caused to the victims and to society at large by the worst child rapist is grave.”

The United States Supreme Court voted yesterday, 5–4, that child rapists cannot be executed. Let me first say that they should all hang their head in shame at this heinous ruling. The SCOTUS concluded that capital punishment for crimes against individuals can be applied only to murderers. If the gutless SCOTUS judges want to hide behind the “cruel and unusual punishment” montra, maybe they would like to explain to sexually abused and exploited children everywhere that child rape is not “cruel and unusual” in its own right as a crime. 

Justice Anthony Kennedy wrote in the majority opinion that execution in this case would violate the Eighth Amendment’s prohibition against cruel and unusual punishment, citing “evolving standards of decency” in the United States.

Such standards, the justice wrote, forbid capital punishment for any crime against an individual other than murder.

“We conclude that, in determining whether the death penalty is excessive, there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons, even including child rape, on the other,” wrote Kennedy, who is not related to the convicted rapist.

The case in question before the SCOTUS was in regards to 43 year old Patrick Kennedy who was appealing his case where he raped his 8 year old step daughter in her bed.

Patrick Kennedy, 43, would have been the first convicted rapist in the United States since 1964 to be executed in a case in which the victim was not killed.

Kennedy was convicted of sexually assaulting his stepdaughter in her bed. The attack caused severe emotional trauma, internal injuries and bleeding to the child, requiring extensive surgery, Louisiana prosecutors said.

The liberal judges of the SCOTUS could obviously care less about children and child rape than they do about criminals.

In the majority opinion, Anthony Kennedy acknowledged “the victim’s fright, the sense of betrayal, and the nature of her injuries caused more prolonged physical and mental suffering than, say, a sudden killing by an unseen assassin.”

But the justice — supported by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer — wrote that when determining what punishment the Eighth Amendment prohibits, “evolving standards of decency that mark the progress of a maturing society” must be taken into account.

Comedian George Carlin Dies at Age 71 of Heart Failure … The True Stuff that Comedians are Made of

George Carlin, one of the funniest, edgiest and most provocative comedians ever, has passed away at the age of 71 due to heart failure. Personally, I did not agree with his politics or any of his lack of beliefs; however, George Carlin was just down right funny. To have ever seen him perform live was a sight to behold. His mere facial expressions during his comedy routines were beyond side splitting laughter.

Thank you for the brilliant comedy … Rest in Peace.

Carlin, who had a history of heart and drug-dependency problems, died at Saint John’s Health Center in Santa Monica about 6 p.m. PDT (9 p.m. EDT/0100 GMT) after being admitted earlier in the afternoon for chest pains, spokesman Jeff Abraham told Reuters.

Award-winning comedian George Carlin dies

Although Carlin was best known as the anti-Establishment icon in the 1970’s and the comedy routine “Seven Words You Can Never Say On Television,” which managed to make it all the way to the Supreme Court. George Carlin had so many other brilliant routines like “Stuff”.  Who can forget his routine on Baseball and Football

“Seven Words You Can Never Say On Television.” A regulatory battle over a radio broadcast of the routine ultimately reached the U.S. Supreme Court.

In the 1978 case, Federal Communications Commission vs. Pacifica Foundation, the top U.S. court ruled that the words cited in Carlin’s routine were indecent, and that the government’s broadcast regulator could ban them from being aired at times when children might be listening.

US comedian George Carlin dies

The star was admitted to a hospital in Los Angeles on Sunday with chest pains and died later that day.

Jack Burns, Carlin’s comedy partner in the early 1960s, told the Associated Press agency: “He was a genius and I will miss him dearly.”

Carlin performed as recently as last weekend in Las Vegas.

Cult US comedian George Carlin dies at 71

How influential and edgy was Carlin back in the day? George Carlin hosted the first ever broadcast of the long-running comedy show Saturday Night Live. Let alone a comedy skit making it all the way to the Supreme Court.

Scared Monkeys Radio – Dana Pretzer Talks with Stanley Livingston, Brook Hart, Ronald MacKinnon and Ladonna Meredith

Dana Pretzer and Scared Monkeys Radio

LISTEN TO PODCAST AT SCAREDMONKEYSRADIO.COM

• Stanley Livingston, former child star (who played “Chip” on My Three Sons) discusses the Actors Journey Project
• Brook Hart, attorney for Dog the Bounty Hunter
• Ronald MacKinnon. The New Jersey Supreme Court granted his ex-wife permission to relocate to Okinawa, Japan. MacKinnon fears a legal abduction.