RMN is Reader Supported
Our Goal for APR 6 - MAY 5:
$1,420
Click Widget or Click Here to contribute.
Checks & Money Orders:
Raye Allan Smith
P.O. Box 95
Ashtabula, OH 44005
Users Online: 107
Who Founded
RMNews?
Dewitt Jones' Video
"Celebrate What's Right With The World"
"When the Starships Fly!"
Listen at YouTube
The
Theme for The Obergon Chronicles
Listen at YouTube
The Obergon Chronicles ebook
RUMOR MILL NEWS RADIO
CGI ROOM Common Ground Independent Media
WHAT ARE THE FACTIONS?
THE AMAZING RAYELAN ALLAN
BIORHYTHMS
LOTTO PICKS
OTHER WAYS TO DONATE
RUMOR MILL NEWS AGENTS WHO'VE BEEN INTERVIEWED ON RUMOR MILL NEWS
RADIO ______________
NOVEMBER 2008
Kevin Courtois - Kcbjedi
______________
Dr Robin Falkov
______________
Melinda Pillsbury Hr1
Melinda Pillsbury Hr2
______________
Daneen Peterson
______________
Daneen Peterson
______________
Disclosure Hr1
Disclosure Hr2
______________
Scribe
______________
in_PHI_nitti
______________
Jasmine Hr1
Jasmine Hr2
______________
Tom Chittum Hr1
Tom Chittum Hr2
______________
Kevin Courtois
______________
Dr Syberlux
______________
Gary Larrabee Hr1
Gary Larrabee Hr2
______________
Kevin Courtois
______________
Pravdaseeker Hr1
Pravdaseeker Hr2
______________
DECEMBER 2008
Tom Chittum
______________
Crystal River
______________
Stewart Swerdlow Hr1
Stewart Swerdlow Hr2
______________
Janet Swerdlow Hr1
Janet Swerdlow Hr2
______________
Dr. Robin Falkov Hr1
Dr. Robin Falkov Hr2
Dr. Robin Falkov Hr3
JANUARY 2009
______________
Patriotlad
______________
Patriotlad
______________
Crystal River
______________
Patriotlad
______________
Dr. Robin Falcov
______________
Patriotlad
FEBRUARY 2009
|
Find UFOs, The Apocalypse, New World Order, Political Analysis,
Alternative Health, Armageddon, Conspiracies, Prophecies,
Spirituality, Home Schooling, Home Mortgages and more, in:
Rumor Mill News Reading Room, Current Archive
ObamaCare Loses in Court — Again
Posted By: RumorMail Date: Saturday, 9-Jan-2021 07:27:39
www.rumormill.news/137357
By Nate Jackson
The Fifth Circuit Court answered four important questions regarding ObamaCare yesterday — including ruling the individual mandate unconstitutional — but ultimately punted the case back down to a lower court to reconsider the broader implications for the entire law. Two years ago, the Republican-controlled Congress made the “tax” penalty for not buying health insurance $0, which the Fifth Circuit Court decided means it isn’t a tax and thus was beyond Congress’s power to legislate. ObamaCare defenders insist the $0 penalty makes the question moot. Remember, the only reason the penalty was considered a tax in the first place was because of the machinations of Chief Justice John Roberts, who in 2012 rewrote ObamaCare in order to save it.
From the court’s ruling:
First, there is a live case or controversy because the intervenor-defendant states have standing to appeal and, even if they did not, there remains a live case or controversy between the plaintiffs and the federal defendants. Second, the plaintiffs have Article III standing to bring this challenge to the ACA; the individual mandate injures both the individual plaintiffs, by requiring them to buy insurance that they do not want, and the state plaintiffs, by increasing their costs of complying with the reporting requirements that accompany the individual mandate. Third, the individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power. Fourth, on the severability question, we remand to the district court to provide additional analysis of the provisions of the ACA as they currently exist.
Expanding on the tax question, the court reasoned, “Now that the shared responsibility payment amount is set at zero, the provision’s saving construction is no longer available. The four central attributes that once saved the statute because it could be read as a tax no longer exist. Most fundamentally, the provision no longer yields the ‘essential feature of any tax’ because it does not produce ‘at least some revenue for the Government.’”
On severability, what the court means is this: Without the individual mandate to force everyone into participating in the law, can the law as a whole still stand? We’d argue the clear answer is and always should have been that ObamaCare is unconstitutional. The federal government has no enumerated power to force citizens into any kind of commerce. That such an opinion is not universally held is a testament to many things — chiefly, a woefully inadequate educational system that fails to instruct students on basic civics, as well as the socialist bent of one of our two major political parties, which redefines “rights” to mean “things someone else has to provide for me.”
Legally, however, the severability question must now be answered by a district court — the court where District Court Judge Reed O'Connor last year ruled the law was unconstitutional. Then the law will inevitably be reconsidered by the Fifth Circuit and then, perhaps, the Supreme Court. Maybe John Roberts will end up with a chance to redeem himself, albeit a decade too late.
|
Read More
RMN is an RA production.
|
The only pay your RMN moderators receive comes from ads.
If you're using an ad blocker, please consider putting RMN in your ad blocker's whitelist.
Serving Truth and Freedom
Worldwide since 1996
Politically Incorrect News
Stranger than Fiction
Usually True!
Click Widget or Click Here to contribute.
^
AGENTS WEBPAGES
Provided free to RMN Agents
^
AGENTS WEBPAGES
Provided free to RMN Agents
|