The Lawsuit That Could Overturn ObamaCare

When Missouri voters attempted to stop ObamaCare at the ballot box via the initiative process, the national news media took notice. In the August 3 vote, 7 in 10 voters in the “Show Me State” supported Proposition C, which overturns government mandates requiring health insurance. Proposition C actually bars penalties against people who pay their own health bills without insurance.

 The Lawsuit that Could Overturn ObamaCare

On August 2, U.S. District Judge Henry E. Hudson ruled against a U.S. Justice Department request to throw out a lawsuit brought by Virginia against ObamaCare. Virginia is arguing in the lawsuit that the U.S. Congress had unconstitutionally exceeded its powers by forcing individuals to buy insurance.

Hudson wrote, “While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate — and tax — a citizen’s decision not to participate in interstate commerce…”

Hudson continues by saying there is, “some authority arguably supporting the theory underlying each side’s position.” Hudson’s decision sets up the opportunity to have appellate and eventually the Supreme Court decide these issues.

But our personal favorite of the many lawsuits challenging ObamaCare is from Arizona. Yes, the land of immigration enforcement could also be the site of a major constitutional battle about ObamaCare. The citizens of Arizona are restless with their Washington, D.C. overseers.

The Goldwater Institute, a public policy outfit named for Arizona’s most famous son, is taking a different swing at the question.

Representing a local business owner, Nick Coons of Tempe, Ariz., the Goldwater Institute has built an intriguing legal strategy which will shake up the debate: “Mr. Coons pays for all of his medical care out of his own pocket and he wants to continue making his own health care decisions. Under the federal health care bill, Mr. Coons will face significant fines from the IRS if he doesn’t buy a health insurance plan that has been approved by the government by 2014.”

In announcing the lawsuit Coons complained, “The government is making me spend money on something that I don’t want. Is a stranger who works for the government in some other part of the country really going to know what I need? I am the best qualified to make these decisions for myself.”

The Goldwater Institute’s lawyer is well-known constitutional litigator Clint Bolick. Bolick argues, “The new federal law also violates Mr. Coons’ medical privacy by forcing him to disclose his medical records to an insurance company, and those records could be accessed by the federal government and others without his permission.”

We have always been disturbed by the arrogance of government officials that seem to believe they have a right to know the most intimate details of your discussions with your doctor. ObamaCare will violate the sanctity and privacy of the relationship you have with your physician.

The framers of the U.S. Constitution would be shocked by the manipulation we have recently experienced at the hands of Congress, Obama, and out-of-control federal judges. Virginia Attorney General Ken Cuccinelli sums it all up when he said of ObamaCare’s attempts to regulate the behavior of doing nothing: “Even the king and the parliament acknowledged they didn’t have this power back before the Declaration of Independence.”

Bypass the Mass Media: Get Articles Straight To Your Inbox!


Please share this post with your friends and comment below. If you haven’t already, take a moment to sign up for our free newsletter above and friend us on Twitter and Facebook to get real time updates.


Avatar of Floyd Brown About Floyd Brown

Floyd Brown is a political innovator, writer and speaker.
Time magazine wrote: “Brown has a stature among devoted conservatives that almost matches his physical heft (6 ft. 6 in. and 240 lbs.)”.
Floyd has written for publications as diverse as the San Francisco Chronicle, the Washington Times, Townhall.com and WND.com. His latest book is Killing Wealth/Freeing Wealth, published in 2010 by WND Books. Floyd writes a weekly syndicated column about politics, culture and the economy with his wife, Mary Beth Brown. Floyd also is chairman of the Western Center for Journalism www.westernjournalism.com.

Comments

  1. HOT COUGAR says:

    Obama Care will be Repealed! As well as Obama & his Czars & communist followers.

  2. Here is a good example of Obamacare in the making now!
    I went to the doc. today for a 6 mos. eval. for meds. When I began talking with the doc. about other concerns he went on to tell me that I was here for reeval of meds. My response to him was …WHAT? I cannot discuss other concerns? He commented the hospital and clinic was getting ready for Obamacare come Jan 1st and he would only be reviewing what my appt. was scheduled for.
    I am a paying patient..with top insurance and this goes to show that the docs are preparing patients now for what is about to come! I told him: I will not be forced to see a doc. only when the Obummer says I can!……Wake up America….it will be here and we will be doomed!

    • Donna,
      I have been told the same thing by my PCP. he said he was instructed by the Hospital that now owns the
      clinic where he works to start doing this. He is REFUSING to do this, knowing full well the risks. He is an old school doc who will still make a house call if that is best for the patient. He is also a Strong Christian man and he has always told me he answers, and always will to a higher authority than the gov't. Especially now that this administration is trashing the country so badly.

    • HOT COUGAR says:

      DONNA THAT IS WHY WE HAVE TO KEEP THE PRESSURE ON FOR THIS OBAMA HEALTH CARE TO BE REPEALED!

  3. Hot Cougar, I hope youare correct. I wish that b-s-a-d was out of our white house and our country and go back to Kenya from where he came and take the ugly varmint he live with also to Kenya.

    • HOT COUGAR says:

      CAROL,
      FIRST HAVE TO GET PAST THE MID TERM ELECTIONS!
      We are entering a period between now & January 1,2011 which is very dangerous for our country.
      We all must be prepared to do whatever we must to save our country. August historically has been the month of Presidential trickery prior to elections in November.

  4. Toss out the whole lot of thePIMP PIGS bills, and get rid of all the trash once and for all.

  5. Alicia Williams says:

    The BIGGEST problem, is though everyone 'says' they hate Congress, when it comes to the elections they say "well not MY congressman" and re-elect the asses anyway! We must throw them all out and start over! When I went to my congressman (a Dem, of course) over Obamacare, I told him that I had thought he was a middle of the road Dem (I was lying, of course, I always knew his true colors), but I was trying to get him to listen. But I knew I was right about his SOCIALIST agenda, because when I said that he looked his aide and SMIRKED! To me that meant that's what his ads meant to convey, but that's not what he is! Today it was confirmed when his name came up on a list of "avowed socialists' in the US Congress (his name is Ben Ray Lujan, Jr., District 3, NM). Unfortunately people voted for him 'cause his 'daddy' is the Speaker of the house here in NM and they knew the name, not his politics. How do we fight this stupidly? The Conservative (Rep) candidate, Tom Mullin, has no money from the 'party' because no Republican has EVER won in District 3. I'm not willing to concede – so I will be going door-to-door for my candidate. And that is just what everyone MUST do. Don't take for granted a Republican win – go out for your candidates. Voting is just not simply enough! The progressives have known that for too long – it's time we learned from them and go out full force! Campaign, go door-to door, give money if you can, work the phones, talk up to your neighbors, e-mail everyone on your lists (not just the ones you know agree with you, but all of them), we can make a difference! ANd if we do a good enough a job we CAN overturn "Obamacare!" At the very least our representatives can cut off the money for it until 2012 and we can get rid of the Commie!

    • A very good thought on strategy. Our best leaders may not be among the rich lawyers, especially those whose riches are tained or suspect. The internet and our own feet an tongue can tip the balance when we have a real leader. If he does not understand where Socialism starts he will not know what must be rejected. Socialism cannot be reformed so it must be rejected.

    • HOT COUGAR says:

      ALICIA,
      GOOD POST!

    • My "US Senators" are Patty Murray and Maria Cantwell. I have zero challenge voting against them! Dead Ted Kennedy (as-is) would make an excellent replacement for both of them! Just paint NO! on his chest and leave him sitting in the Senate chambers 24/7.

  6. here is what obama is all about:

    Subject: Washington Insider: Obama Member of Chicago Gay Mans Club: http://beforeitsnews.com/story/51/828/Washington_

    Benjamin Fulford http://www.godlikeproductions.com/forum1/message6

    Swamp report:
    Frank Marshall Davis http://swamphermit.wordpress.com/2008/08/24/obama

Trackbacks

  1. [...] The Lawsuit That Could Overturn ObamaCare When Missouri voters attempted to stop ObamaCare at the ballot… [...]

  2. [...] IRS Agents The ‘New Gestapo’ Imagine you are sitting at home one day in the…The Lawsuit That Could Overturn ObamaCare When Missouri voters attempted to stop ObamaCare at the [...]

Speak Your Mind