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TAS’ Peter Ferrara: The Legal Future of Obamacare

2011/02/02

Peter Ferrara:

As of this moment Obamacare is officially not the law of the land. As Federal Judge Roger Vinson ruled on Monday in Florida, “[T]here is a long standing presumption that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” That law as declared by the Federal District Court in Florida is now that Obamacare is unconstitutional.

Federal Judge Roger Vinson

. . . “Then in words that will be memorialized on future Tea Party walls, Vinson wrote:”

“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.” – Judge Roger Vinson, 2011

Ferrara goes on to clarify the legal prognosis of the legislation in particular and the potential results of Judge Vinson’s ruling upon other similar legislation.

In my view, this vampire ain’t “dead”… I’ll wager the Administration will likely ignore the Law and proceed apace. (The patently illegal rapings of GM and Chrysler early in the first quarter – with blithe indifference from the DOJ – ought to have taught us how this Administration will play.)  This ruling is vital; it bolsters Judge Henry Hudson’s decision in the Northern District of Virginia on December 13. Yet we must not rely solely on the Courts in this matter. Indeed, there is a large chance SCOTUS will decide otherwise.

Obama’s and Congress’ error is not our strength. It has merely tripped the vampire.

Now that the vampire is temporarily down, we must drive a Congressional stake through its ever lovin’ heart.  Even if the Supremes support Hudson and Vinson, we must press Congress to repeal Obama care anyway – entirely repeal –  and to take it a step further:  Congress must act to prevent further legislation of this sort.

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