Health Care and the Constitution

By Margaret Smith , March 11, 2011

Majority of Americans new that Obama Care was not constitutional. Common sense alone tells you that our government cannot compel its citizens to purchase a product. Yet, it did not stop the progressive Congress from passing Health care Act (Obama Care) into law. Americans marched and their voices were not being heard. So the legal battles started. The states took to the federal courts requesting a ruling regarding the constitutionality of ObamaCare. The federal courts are even in their decisions, 2-2.  One of those decisions is causing uproar in the Department of Justice in Washington. A multi-state lawsuit that was filed with the state of Florid in search of a ruling on the Constitutionality of Obama Care or some may refer it to Health Care Act.  Judge Roger Vinson declared that the whole Obama Care was unconstitutional.6 Americans were elated. Finally some common sense was appearing. What happens now?

The Department of Justice Administration caused a stir when they filed a “bogus- Motion to clarify” Judge Roger Vinson’s decision; which held that the individual mandate is unconstitutional and struck down the whole law.” (Shaw, 2011) [1] This essentially was a delay tactic for which the Judge was not happy with.

In return to this response from the Department of Justice, Judge Roger Vinson wrote a rebuttal to “motion to clarify”. (Gaziano, 2011)[2]

And Judge Roger Vinson gave an ultimatum, “appeal within a week and seek expedited briefing in the appellate courts, or the implementation of Health Care Act would stop immediately.” [3]

This battle was over several weeks, and it appears from news sources that Judge Roger Vinson was not happy with the delay tactics. He has been quoted saying “The Administration, he concluded, was just playing games.”[4]

While Americans were busy with WI and union thugs, the DOJ[5] quietly asked for in the US Eleventh Circuit Court of Appeals for expedited review of the case Florida v HHS[6], and they actually filed a day early.

So we are now waiting again. Waiting for courts to rule Obama Care unconstitutional, while we wait, games are being played by this administration.  Health Care waivers being offered in the thousands from HHS, these offers are going to corporations and unions.

The citizens of this great country have a chance to be heard, thanks to Judge Roger Vinson in Florida. Stopping the delay tactics and requesting that this case move quickly to appellate courts was a win for We the People. The abuse of power within this federal government is all for political purposes.  In an effort to reward the supporters of socialism, this administration passed into law “free health care” one which the rest of us will be supporting with our hard earned tax dollars. We must keep pushing back against the progressive takeover of America.


[1] Julia Shaw, First principles, Health Care ,The Heritage.org

[2] Todd Gaziano, Health Care, Rule of Law, The Heritage.org

[3] http://aca-litigation.wikispaces.com/file/view/Vinson+stay+order.pdf

[4] http://blog heritage.org/2011/03/09update-doj-asks for expedited

[5] DOJ filled a motion:   http://www.Justice.gov/healthcare/

[6] a notice of appeal: http://db.tt/94BzSkc