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Why are We Still Debating the Void, Unconstitutional Obamacare Law?

BEGIN TRANSCRIPT

RUSH: The Republicans are planning on defunding Obamacare. That's gonna happen next week when they start voting. It's similar to how the members of Congress defunded the Vietnam War when they couldn't convince the administration to simply declare victory and get out of there. We've got some sound bites about this. I still am struck by the fact that we're talking about something now that's unconstitutional. I know it's gonna be appealed, and I know it's gonna end up at the Supreme Court, but still as we sit here today, the law's been voided. I know they have to go ahead and take votes, try to repeal it, defund it, and all that, but I think every time Obamacare is mentioned, it needs to also be mentioned "the unconstitutional Obamacare." Put the word out there. It has been voided. We've got some sound bites here. The regime is not gonna back off. The regime not gonna compromise on the mandate, requirement that we all buy health insurance or pay a fine if we don't. That's the source of the unconstitutionality.

BREAK TRANSCRIPT

RUSH: Sam Stein asked a question of Robert Gibbs. He said, "There's been talk on the Hill about reopening up the individual mandate in health care legislation." Remember, now, that's unconstitutional according to the judge. "How firm is the president and the administration's commitment to that provision, to the mandate, considering that at one point in time he was not supportive of it?"

GIBBS: The president had to make a conscious decision about how to ensure that the legislation would prevent the problem that we've seen with free riders -- in other words, people that didn't ever think they're gonna get sick and don't get sick but they get hit by a bus and show up at the emergency room and then they charge us, basically, to pay for it. The protections that -- that we will have as part of this law that are derived from ensuring that it's not just a certain segment of the population that's covered but that everybody has coverage, is an important foundation in this law. The president supports it. We've gone to court to maintain it.

RUSH: Now, some Democrats want to reopen this because they think they're gonna lose at the Supreme Court. They want to reopen this whole mandate business and maybe preempt the Supreme Court ruling it unconstitutional. They want to say, "Let's rewrite it! Let's redo it and take that out of there," and Gibbs is saying, "Nope, nope. We're gonna leave it in. That's all the regime cares about," and he's right. That is the centerpiece of the bill. Without that, everything else crumbles. Here's Ben Nelson last night, MSNBC, Chris Matthews asked him, "It reminds me of one of those old time marriage jokes: You can't live with 'em, you can't live without 'em. How do you have a health care bill if you don't really force people to join up and share the risk?"

NELSON: I'm looking at assigning solutions that are much more market based to get rid of the individual mandate. It isn't the only way to do it. It's the way that the insurance industry suggested and it was followed through on, but it's attracted questions about constitutionality. It's not publicly or politically accepted --

MATTHEWS: M'yah!

NELSON: -- by most people.

RUSH: It has not attracted questions about constitutionality, it has produced answers! Judge Roger Vinson said it's unconstitutional. The law has been voided. The questions have been answered. But you hear there Senator Nelson saying: Just get rid of it. Just get rid of it. Nobody wants it anyway. It's unconstitutional; we gotta get rid of it. Gibbs says we're not gonna get rid of it. And Matthews says, "Well, look, don't a lot of people wish we could have voluntary Social Security, but the problem with that is they'd find themselves penniless at 65 and would then want warfare."

NELSON: Well, look, I'm in favor of getting everybody into the system. It's a question of how do we do it --

MATTHEWS: (dejected) I know.

NELSON: -- and what will work. I just want to make sure we do it in a way that's constitutional as well as a way that it is, uh, palatable politically for the people.

MATTHEWS: Mmm.

RUSH: Ain't gonna happen with any of you people in charge of it. Dirty little secret: Senator Nelson, Michelle (My Belle) Obama, President Obama, with you people in charge of it, there's never gonna be a majority of people in this country support it. They don't want you in charge of health care. They don't want to have to go through any bureaucracy for their health care. They certainly don't want a panel of people -- nameless, faceless bureaucrats -- deciding if and how much medical treatment or care they get.

BREAK TRANSCRIPT

RUSH: Get this, folks. This is from NPR, and it's about the health care debate. There's a guy named Len Nichols, L-e-n, Nichols, who is a health economist, teaches at George Mason University in Virginia. That's where Walter Williams taught. He says that "without a requirement for coverage, Congress might have to find another way to make the consequences of not having insurance even more dramatic." Len Nichols, a health economist who teaches at Virginia's George Mason University, says, "perhaps if people don't buy insurance when it's first available, 'if you ever try to buy insurance again, you'll have to pay three times the market price and we will put a gold sticker on your forehead and say to all hospitals, "You do not have to treat this person, this person has forfeited their right to uncompensated care."'" This is a proposal, a serious proposal that appears in the NPR website.

From Len Nichols, a health economist who teaches at Virginia's George Mason University, "If you don't buy insurance when it's first available," i.e., when you don't go out and buy when you're told to, "then if you ever try to buy insurance again, three times the market price and a gold sticker on your forehead that says to all hospitals, 'You don't have to treat this person, this person has forfeited their right to uncompensated care.'" Well, what's gonna happen when the gold stars don't stick to the forehead, you gonna maybe sew the gold star on the clothing? And then what happens if you take the clothing off? Why not tattoo the numbers on their arms, Professor? Why not just tattoo a bunch of gold stars on their arms, Professor, if they don't buy health insurance when you and your precious government demand that they do in violation of the Constitution?

END TRANSCRIPT

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