by Art Kelly
1. U.S. District Judge Henry Hudson ruled in favor of the Commonwealth of Virginia in a suit filed by State Attorney General Ken Cuccinelli challenging the constitutionality of Obamacare’s requirement that every person purchase health insurance.
Mark Tapscott of the Washington Examiner explained that “Cuccinelli and a host of other constitutional lawyers, state attorneys general, law professors, and conservative political analysts claim the mandate exceeds the federal government’s authority under the Commerce clause of the Constitution.”
While that is only one provision of the bill, the legislation does not contain a “severability clause,” which means that, if any one part of it is found unconstitutional, the whole law is void.
Lynn Mitchell of the Examiner reported that the Obama Administration had sought to have the suit dismissed, stating, “Virginia lacked the standing to bring a suit, that the suit is premature, and that the federal government had the power under the U.S. Constitution to mandate that citizens must be covered by government-approved health insurance or pay a monetary penalty."
The Examiner’s David Sherfinski noted that, in siding with Virginia, Hudson wrote, “No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.”
In reacting to the favorable ruling, Cuccinelli, said, “This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land--the Constitution. The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause.”
The next step is a hearing on October 18 in which the Obama Administration will seek a summary judgment in its favor.
2. With 59% of the people favoring repeal of Obamacare, the federal government is now paying for new national television ads featuring Andy Griffith to try to convince people that the new law is beneficial.
Neither the taxpayers-paid mailing to all seniors nor the radio ads have changed public opposition to Obamacare.
As a result, Griffith taped a TV commercial that states in part, “We'll have our guaranteed benefits and, with the new health care law, more good things are coming. Free checkups. Lower prescription costs and better ways to protect us and Medicare from fraud. See what else is new. I think you're gonna like it.”
The ads will run on the Weather Channel, CNN, Headline News, Hallmark, and Lifetime cable networks.
Senators Tom Coburn, John Barrasso, Richard Burr, John McCain, and John Thune fired off a letter to Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, denouncing the propaganda and noting that Obamacare cuts $530 Billion from Medicare to finance other parts of the program. The letter stated in part:
“We believe this ad is a clear violation of the spirit of federal laws that prohibit the use of taxpayer dollars for campaign purposes…The job of the Executive Branch, quite simply, is to execute and implement the law, not re-litigate a political debate. Using the power of the state and the Treasury to advance the agenda of one political party is an abuse that should not be tolerated, regardless of which party is in power.”
The letter requested that Sebelius “cease the ad campaign immediately and reimburse the U.S. Treasury for any expenditure of taxpayer funds related to this effort.”