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By Craig Andresen – Right Side Patriots on American Political Radio
Late last Friday, a ruling from U.S. District Judge Reed O’Connor, a federal judge in Texas appointed by President George W. Bush, found that Obamacare is unconstitutional after last year’s tax bill eliminated the penalty for not having coverage.
Shortly after the ruling came down, President Trump issued a tweet applauding it, and stated, “Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.”
Yes, they do…and…no they won’t…but before I get into why congress won’t do what needs to be done, allow me to provide a bit of a refresher course on how we got to this point…
We Conservatives have said since day one of Obamacare that it was unconstitutional, and the law made its way through the courts starting in 2010, and ending up at the U.S. Supreme Court in 2012.
Remember, back then, Obama’s team of attorneys argued both sides of the coin…they argued that the penalty for not being covered was both a tax…and not a tax in different parts of their presentation. While it seemed, and was absurd…they had to do it to try and preserve the law…but they knew that as it was written, Obamacare was, indeed, unconstitutional.
Justice John Roberts knew it too…and took it upon himself to rewrite Obamacare to clearly turn that penalty into a tax…which became the only reason Obamacare wasn’t struck down in 2012.
Roberts clearly legislated from the bench. He literally rewrote the law. He did Congresses job…bypassing the legislative branch of government and to the ire of Conservatives, both wrote and protected Obamacare from the nation’s highest bench.
In doing so, Justice Roberts also made Obamacare the largest single tax hike in American history.
That’s how we got to where we are today…so now what?
While President Trump is absolutely correct…it now falls to congress to write a new law…a better law…and protect the pre-existing conditions part of it without overburdening Americans in the process with both skyrocketing premiums and gross reductions in care…
Congress won’t do it…and I’ll tell you why…
Liberals will take over the House in January…and because spending bills must originate in the House, and because any replacement healthcare bill will necessarily include spending…the liberal House won’t go near this thing with a 20 foot pole because of what is coming up faster than anybody wants to admit…
After Friday night’s ruling…Xavier Becerra, the California attorney general, vowed to appeal the decision in the U.S. Court of Appeals for the Fifth Circuit in New Orleans. Trust me on this…Becerra isn’t looking for a favorable outcome from the 5th Circuit Court. He doesn’t want a favorable outcome. He wants the 5th Circuit Court to uphold Friday’s ruling so as to move this thing through the court system at a snail’s pace.
Why?
Well, first of all…he’s appealing the ruling to the 5th Circuit Court…arguably the most Conservative Circuit Court in the nation with 10 Conservatives, 5 liberals and 2 vacancies on that bench. He and his liberal puppet master, Nancy Pelosi, are appealing to the 5th Circuit Court by design, knowing they’ll lose there so as to move it along in a stalling strategy.
Liberals are going to use Friday’s ruling as a hammer for the 2020 election…that’s why. As if 2020 needs anything else to make it the most contentious election in American history…liberals will spend the next two years blaming President Trump and Republicans for stomping on people with pre-existing conditions…claiming all the while that Conservatives and Republicans want you to die…and that we killed Obamacare so that we can kill you.
Liberals see this as their ticked to control in 2020, and they’ll go all in with it starting right now…they’ll falsely claim that Republicans are slow walking this through the courts…they’ll falsely claim that Republicans hate poor people, minorities, and that Republicans are responsible for people losing the doctors and the plans that they have liked since the inception of the insipid Obamacare in 2010.
Liberals will also falsely claim there’s nothing they can do regarding writing new healthcare policies that would preserve coverage for pre-existing conditions while Obamacare works its way through the courts.
To be honest…I wouldn’t be one bit surprised if liberals try to make saving Obamacare by reinstating that damned tax a bargaining chip for allocating money for the southern border wall. We agree to reinstate the tax…and they’ll agree to look at funding the wall.
I don’t know about the rest of you, but I would trust such a promise about as far as I can throw a piano.
It will be the biggest mound of bullcrap outside a Nebraska feedlot, and it will stink twice as much.
But…to make the ruling that Obamacare is unconstitutional their weapon for 2020, liberals will have to ignore, and hope that the rest of the country has forgotten some very key elements of Obamacare’s first days.
Remember…it never would have passed the Senate but for two things…had anyone in the senate read the damned thing before they passed it to find out what was in it…they wouldn’t have passed it…and…had it not been for Obama bribing members of Congress…remember the Cornhusker kickback…it would have never passed.
“If you like your doctor, you can keep your doctor,” remember that? “If you like your plan you can keep your plan,” remember that? And how about this stinking, festering lie…”Affordable Health Care?”
We were all told that Obamacare would cover the 30 million Americans who were without healthcare coverage…it never did. We were all told that Obamacare would save American households thousands of dollars every year…it actually cost Americans thousands of dollars more every year.
It was obvious to we Conservatives that Obamacare was, in fact, designed to fail so as to usher in a universal socialist healthcare system which would then give the government total control over your level of care, as well as total control of the healthcare profession from schools to the operating room and everything in between.
Obamacare was also designed to crush businesses…and it did with many businesses having to close their doors, and others having to resort to cutting full time staff for part time employees to compensate for the costs, and the penalties associated with Obamacare…which drove our nation’s economy into the ground, and unemployment into the stratosphere.
Well…guess what liberals…we’re hip to all of that crap now, and only your most fervent voting base is going to buy into those same lies in 2020…but far too many Americans, even those on the left side of the aisle got screwed by Obamacare to make them support such a thing this time around.
Those liberals in Congress who stooped so low as to accept the Obamacare bribes in 2010…didn’t make the cut in their next bid for reelection, so don’t expect your liberal members of congress to be eager to accept bribes this time.
But there’s a little something else liberals are going to have to come to grips with as they slow walk last Friday’s ruling through the courts…eventually…it will wind up back at the U.S. Supreme Court where the four liberals Justices who ruled in favor of Obamacare in 2012 are still on the bench, as is Justice Roberts…but…don’t expect Roberts to legislate from the bench a second time…and I’ll tell you why…
Back in 2012, Roberts had to essentially rewrite the Obamacare mandate to ensure the penalty was a tax in order to make Obamacare constitutional as he admitted that as written, it was unconstitutional. Roberts did yet another rewrite of Obamacare 3 years later, in 2015’s King v. Burwell, when he found that the “plain meaning” of the original text — that “state” means “state” — was an accurate argument, but not withing what he perceived the intent to have been so…he changed that as well thus abandoning “Equal justice under law.” in favor of what late Justice Scalia called, the “overriding principle of the present Court: The Affordable Care Act must be saved.”
Roberts did congresses job for them…but now congress HAS done its job. Congress removed the penalty…the tax from Obamacare the right way. It wasn’t a presidential decree…it was part of last year’s spending bill…written by congress, and passed by both the House and the Senate and then signed into law by President Trump.
If this makes it all the way to the U.S. Supreme Court…the court will find that Friday’s ruling stands…and they won’t try to pull another Justice Roberts rewrite of the struck down tax because that was handled 100 percent properly, and constitutionally by congress.
Obamacare is dead. Without the tax that killed jobs, destroyed businesses and drained our economy, Obamacare is dead, but the fight by liberals to bring about a universal, socialist healthcare system isn’t…and they’re now as desperate, and dangerous as a rabid badger backed into a corner.
Conservatives…if you want to be sure that our economy gets back to growing, that businesses continue to hire and expand, and that the tax cuts reaped by the killing of Obamacare remain in place…your work has just begun.
I hope that Republicans in congress are ready to stand and fight…to go on the offensive and start making their case, not only for replacing Obamacare after the Obamacare tax repeal as they have always promised…but to take this fight directly at the liberals by using the truth as their weapon starting today.
As Conservative and Republican voters…we have to put our divisions behind us…quit sniping at those we don’t 100 percent agree with in our own party, on our own side of the aisle, and do what liberals have done for decades…
Vote Republican in lockstep to retake the House in 2020…hold and possibly expand our majority in the Senate…and reelect President Trump in 2020.
Our fight is a simple matter of 2020 vision…
Republicans and Trump…or socialism.
© Craig Andresen/thenationalpatriot.com 2018
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For more political commentary please visit my RIGHT SIDE PATRIOTS partner Diane Sori’s blog The Patriot Factor to read her latest article An Ever-Growing Christmas Nightmare
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Today, Tuesday, December 18th from 7 to 9pm EST on American Political Radio, RIGHT SIDE PATRIOTS Craig Andresen and Diane Sori discuss ‘An Ever-Growing Christmas Nightmare’; ‘Obamacare is Dead’; and important news of the day.
Hope you can tune in at: http://listen.samcloud.com/w/73891/American-Political-Radio#history...or on Tune-In at: https://tunein.com/radio/American-Political-Radio-s273246/
Bonnie! I love that new word, “OHITLERCARE.” So clever!
I agree 100% with what you said.
Craig and Diane always hit the nail on the head (to coin a phrase).
Yes well said. your articles are always on point. Obamacare violated Art 1 sect 7 and 8 the us fed govt has NO right making u buy anything or taxing u if u do not buy it. Yes the Dems will march over hot coals to do nothing on the disaster they gave us to your point the 2020 elections. NO REPUBLICAN VOTED FOR IT the dems own it they know it.
As for the pres and our wall HE CAN BUILD IT USING DOD FUNDS AND THE US MILITARY . SCHUMER WON’T DO IT B/C HE SEES IT AS A MONUMENT TO TRUMP NOT AS A HELP TO AMERICA. SO HE WON’T FUND IT AND I DO NOT WANT THE MANDATE BK IN OHITLERCARE.