Obamacare – The Affordable Care Act – is about to be in the news again as the Democrats claim that a Supreme Court Justice Amy Coney Barrett will vote to blow it up.
I’ve written about this so many times I can do it from rote. Let’s go through this again…….
The Affordable Care Act IS UNCONSTITUTIONAL. It always was. Here’s the back story:
When Obamacare was being debated across the country and among Democrats and Republicans, one of the criticisms was that it was a tax. The mandate in the law forced you to buy insurance or pay a “fine” which Republicans insisted was a tax. Barack Obama and the Democrats repeatedly denied that it was a tax. After all, if they were really trying to get America’s approval and get it passed, would they present it to the American People as a tax? C’mon, man!!! So, when it got to the Supreme Court, even White House Counsel strenuously argued that Obamacare was NOT a tax.
Ah, but turncoat Justice John Roberts had other ideas. He wanted to rule in favor of Obamacare. Was it because he did not want to shoot down Obama’s “single, biggest achievement” and risk being labeled “racist”? Did someone have naked pictures of Roberts with a horse…..or with Jerry Nadler? We’ll never know.
So, Roberts reworded the legislation so that the mandate would now be considered a tax…….and he ruled that – as a tax – Obamacare – The Affordable Care Act – WAS constitutional.
Here’s the problem. According to the US Constitution, “all bills for raising revenue shall originate in the House of Representatives.” This is known as the “origination clause.” As a tax, Obamacare would have had to originate in the House to be constitutional. Obamacare originated in the Senate. By rewriting the legislation and making Obamacare a tax, John Roberts, himself, made Obamacare unconstitutional, yet, he ruled that it was constitutional. Get it?
But wait. There’s more.
Presidents can – and often do – recommend changes to tax laws, but only Congress can make the changes, not the president, not the Supreme Court.
Since The Affordable Care Act was signed into effect on March 23, 2010, seventy significant changes have been made to the law. As it is today, the law being implemented, bears no resemblance to the one passed by Congress in the darkness of night, at the 11th hour, on Christmas Eve, 2009……without a single Republican vote. The Affordable Care Act that we now live under was never approved, never voted on by Congress. It is not the same one that Barack Obama signed into law. The Affordable Care Act that we know should not exist.
The changes made to Obamacare either delayed, weakened, or eliminated some of its more onerous and burdensome provisions. 43 of the changes to the Affordable Care Act were made unilaterally by the Obama administration, 24 passed Congress and were signed into law by President Obama, and three were made by the Supreme Court, which – as I mentioned earlier – rewrote the law in order to uphold it and deem it constitutional.
In the case of the changes made unilaterally by the Obama Administration, these were the most unpopular aspects of the law, aspects which might cost Democrats their seats in the upcoming 2010 mid-term elections. Despite the changes made to protect them, President Obama and the Democrats took – in Obama’s words – “a shellacking.”
Americans would soon find out that Barack Obama’s promises were lies. Premiums didn’t go down $2,500 per family. Instead, they soared by $5,000 per family.
We also didn’t get to keep our plans, nor our doctors, even though we “liked them.” That was another lie Barack Obama told us repeatedly.
During three personal appearances, MIT economist Jonathan Gruber, another “Obamacare architect,” admitted that the Obamacare bill was “written in a tortured way” to make sure that the CBO (Congressional Budget Office) did not consider it a tax. He admitted that it had to be done this way in order to take advantage of “the stupidity of the American voter” who – if they knew it was a tax – would not have wanted it passed. Gruber further stated that the bill was written as it was because a “lack of transparency is a huge political advantage” and that it was the only way they could get the bill passed. In Gruber’s opinion, “Americans were too stupid to understand” how Obamacare works and he points out the law’s “exploitation of the lack of understanding of the American voter.”
Here, you can watch then Senator Darrell Issa (R-CA) grill Dr. Gruber on his earlier comments and watch Gruber’s Kramdenesque “homina, homina” replies.
In 2009, an “architect” of Obamacare and the “Single-Payer” option, Jacob Hacker, told us what we all suspected – or knew – all along. That is, that Obamacare is a “Trojan Horse” toward “Single-Payer.” But, don’t go by Hacker’s words. Keep reading.
We know that Nancy Pelosi ALWAYS wanted a so-called “public option” or “single-payer.”
We also know that Barack Obama ALWAYS wanted a “public option” or “single-payer.” Here he is in 2003 telling his friends, he knows “we may not get there immediately. First, we gotta take back the White House and we gotta take back the Senate……”
And here we are. Enter Amy Coney Barrett. Once confirmed, the Supreme Court will still be 5-4 because – after Judge Barrett’s confirmation – John Roberts will consistently vote with the liberal flank of the Court. It will take another President Trump Supreme Court pick to get us to a dependable 6-3.
Justice Stephen Breyer is 82 and there have even been ramblings of a Justice Clarence Thomas retirement. Stay tuned……..