Jueves, 03 de febrero de 2011

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Morning Bell: The Obamacare Assault on the Rule of Law

Posted February 3rd, 2011 at 7:59am in Health Care 3 http://blog.heritage.org/2011/02/03/morning-bell-the-obamacare-assault-on-the-rule-of-law/print/?Print This Post

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Mere hours after senior federal Judge Roger Vinson, a United States Naval Academy graduate, became the second federal judge to find Obamacare?s Section 1501 (the individual mandate) unconstitutional, an anonymous White House official called in to question Judge Vinson?s entire ruling, telling reporters, ?There?s something thoroughly odd and unconventional about the analysis.? The only thing ?odd and unconventional? here is that a White House official felt it imperative to undermine the legitimacy of a coequal branch of government. Unfortunately this incident just fits into a larger pattern of behavior that calls into question just how far this Administration will bend the rule of law to protect President Barack Obama?s signature accomplishment: Obamacare.

According to Heritage legal expert Robert Alt, Judge Vinson?s declaratory judgment binds the parties to the suit, which includes 26 states, the National Federation of Independent Business and the federal government. This means that, absent a court-issued stay, Obamacare cannot be further implemented as it pertains to these 26 states. So the White House now faces a simple choice: Will President Obama abide by a valid decision by a federal district court, or will he unilaterally ignore the rule of law? If the past is any indicator, the rule of law is in for a continued beating.?

As former Member of Congress and Heritage Distinguished Fellow Ernest Istook documents, the Obamacare legislation contained unprecedented billions of dollars in advance implementation appropriations. The advance year appropriations were designed to completely bypass Congress?s annual budget process and go far beyond standard spending decisions for the current and following fiscal years. Some of these advance-implementation appropriations stretch 10 years into the future, far beyond President Obama?s term in office.

Then there are the hundreds of waivers reaching millions of Americans that are being granted piecemeal by the Obama Department of Health and Human Services (HHS). Just last week, HHS granted 500 new waivers, more than tripling the number of groups exempt from Obamacare. Unions that gave heavily to President Obama?s election efforts accounted for 40 percent of all employees exempted from Obamacare last week. In all, more than 700 entities are now exempt from Obamacare, totaling 2.1 million people. Last night before the Senate voted on party lines against repeal of Obamacare, Senator Jim DeMint (R?SC) explained why this selective enforcement of the law must stop: ?Most Americans don?t play these political games. They don?t have lobbyists and PACs, but I think they should all get a waiver too. I think we should name this repeal bill that we will vote on today ?the great American waiver.??

Health care is by far not the only arena where the Obama Administration has sacrificed the rule of law for its own political expediency. It has shredded the Constitution?s Appointments Clause to install its favored bureaucrats at regulatory agencies. Then there was the ?outrageous and illegal? takeover of Chrysler, the shakedown of BP, the assertion that President Obama can rewrite our nation?s immigration laws simply by not enforcing them, the refusal to enforce anti-voting-fraud laws, and, back to Obamacare, HHS Secretary Kathleen Sebelius threats to silence insurance companies.

One can understand why the White House was so visibly shaken by its federal court Obamacare loss. The 26 states that are party to the Florida suit will account for 266 electoral college votes in the next election. Throw in Virginia?s 13 electoral votes, where another federal court has ruled against Obamacare, and that brings the total to 279, which is more than the 270 needed to elect the next President of the United States.

But political expediency is never an excuse to skirt the rule of law, especially for our nation?s chief law enforcement officer. Congress could help the President make the right decision. In a couple of months, when the current continuing resolution that is funding the federal government runs out, conservatives could attach language to the next spending bill requiring all Obama appointees to abide by Judge Vinson?s decision. You can see The Heritage Foundation?s ?The Case Against Obamacare? here and the ?Impact of Obamacare? here.

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How Your Senator Voted on Obamacare Repeal

Here's how your Senator voted on Obamacare repeal:

Alabama: Sessions (R-AL), Yea Shelby (R-AL), Yea
Alaska: Begich (D-AK), Nay Murkowski (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Boozman (R-AR), Yea Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Bennet (D-CO), Nay Udall (D-CO), Nay
Connecticut: Blumenthal (D-CT), Nay Lieberman (ID-CT), Not Voting
Delaware: Carper (D-DE), Nay Coons (D-DE), Nay
Florida: Nelson (D-FL), Nay Rubio (R-FL), Yea
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Crapo (R-ID), Yea Risch (R-ID), Yea
Illinois: Durbin (D-IL), Nay Kirk (R-IL), Yea
Indiana: Coats (R-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Moran (R-KS), Yea Roberts (R-KS), Yea
Kentucky: McConnell (R-KY), Yea Paul (R-KY), Yea
Louisiana: Landrieu (D-LA), Nay Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Brown (R-MA), Yea Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Franken (D-MN), Nay Klobuchar (D-MN), Nay
Mississippi: Cochran (R-MS), Yea Wicker (R-MS), Yea
Missouri: Blunt (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Nay Tester (D-MT), Nay
Nebraska: Johanns (R-NE), Yea Nelson (D-NE), Nay
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Ayotte (R-NH), Yea Shaheen (D-NH), Nay
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Udall (D-NM), Nay
New York: Gillibrand (D-NY), Nay Schumer (D-NY), Nay
North Carolina: Burr (R-NC), Yea Hagan (D-NC), Nay
North Dakota: Conrad (D-ND), Nay Hoeven (R-ND), Yea
Ohio: Brown (D-OH), Nay Portman (R-OH), Yea
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Merkley (D-OR), Nay Wyden (D-OR), Nay
Pennsylvania: Casey (D-PA), Nay Toomey (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Nay Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Hatch (R-UT), Yea Lee (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (D-VA), Not Voting Webb (D-VA), Nay
Washington: Cantwell (D-WA), Nay Murray (D-WA), Nay
West Virginia: Manchin (D-WV), Nay Rockefeller (D-WV), Nay
Wisconsin: Johnson (R-WI), Yea Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea




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Publicado por Corazon7 @ 12:49
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