Texas Federal Judge Declares Obama Hell Bill Unconstitutional

Yesterday a Federal judge in Texas ruled that the Affordable Care Act, aka the Obamacare Hell Bill, is unconstitutional in its entirety.  See here and here.

Of course it has always been unconstitutional.  However, the Supreme Court ruled in 2012 that because Obamacare contained a tax provision, that it fell under Congress' purview to levy taxes and therefore passed constitutional muster even though it violated the Interstate Commerce Clause.  Last year Congress repealed that tax, commonly known as the individual mandate.

Texas and 20 other states argued that without that tax, the whole ACA is now unconstitutional and Judge Reed O'Connor agreed.  He did not grant an injunction against Obamacare.  It appears that this matter will again head to the Supreme Court.  Bear in mind that in 2012, it was only because of the tax provision that the Court ruled it constitutional.  That tax provision no longer exists.  The Court admitted in 2012 that without the tax, Obamacare is unconstitutional.

It should be noted that O'Connor was appointed by George W. Bush.  Does anyone believe that any judge appointed by a Democrat president would have ruled correctly?  Elections matter - even when the candidates are not sterling.

Now about the Catholic hierarchy - when are they going to start crabbing about this development?  Many of them were supporters of the Hell Bill, abortion provisions notwithstanding.  Will they once again make fools of themselves?  Of course that question is rhetorical.

As for the president,

As I predicted all along, 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. Mitch and Nancy, get it done!

— Donald J. Trump (@realDonaldTrump) December 15, 2018

Obama Hell Bill Ruled Unconstitutional!

Yes, it seems that sanity is returning to the judiciary - or at least a glimpse of it.  Mind you, the judge who ruled on this is a Reagan appointee.  Maybe the Gipper is giving us a birthday present from above, in anticipation of his 100th birthday that approaches this week.  This from Comcast.

Here's a salient point from Judge Vinson's opinion, regarding the purchase mandate.  "Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals. Not only because the required purchases will positively impact interstate commerce, but also because people who eat healthier tend to be healthier, and are thus more productive and put less of a strain on the health care system."  Boys and girls, let's be clear.  Michelle Obama would probably like to do precisely that - govern our diets!


Naturally, the administration will appeal this.  Let's pray that higher courts will have the same clarity.