{"id":37071,"date":"2010-12-14T01:01:01","date_gmt":"2011-05-19T00:15:17","guid":{"rendered":""},"modified":"2011-05-19T00:15:17","modified_gmt":"2011-05-19T00:15:17","slug":"battle_over_obamacare_repeal_is_essentially_a_debate_about_liberty","status":"publish","type":"post","link":"https:\/\/www.rushlimbaugh.com\/daily\/2010\/12\/14\/battle_over_obamacare_repeal_is_essentially_a_debate_about_liberty\/","title":{"rendered":"Battle Over Obamacare Repeal is Essentially a Debate About Liberty"},"content":{"rendered":"
\n

RUSH: Heritage Foundation Morning Bell, another victory on the road to repeal. Morning Bell. They say Obamacare will be repealed now. It is only a question of when. Here\u2019s President Obama yesterday afternoon again in Tampa, WFLA-TV Eyeball News. Question: ‘When it comes to the health care decision, that parts of it are unconstitutional, what does that do? Your opinion on health care? What\u2019s your reaction to the judge\u2019s ruling?\u2019<\/p>\n

OBAMA: That\u2019s the nature of these things. You know, when Social Security was passed, there were all kinds of lawsuits. When the Civil Rights Act was passed and the Voting Rights Act was passed there were all kinds of lawsuits.<\/p>\n

RUSH: Yeah, and he\u2019s saying that they didn\u2019t win anything, and these lawsuits they aren\u2019t gonna win anything. But this that happened yesterday with Judge Hudson is big. ‘The White House and their leftist allies were quick to try and minimize this body blow to Obamacare, arguing that 14 previous court challenges have been dismissed by the courts. This desperate spin doesn\u2019t even pass the laugh test. The 42-page decision is the first by a federal court this far along the litigation process and the first brought by a state (the case was filed by Virginia Attorney General Kenneth Cuccinelli). And soon Judge Roger Vinson of the United States District Court for the Northern District of Florida is expected to rule on an even larger challenge to Obamacare brought by 16 state attorneys general, four governors, two private citizens, and the National Federation of Independent Business. <\/p>\n

‘In an early stage of that litigation, Judge Vinson wrote: ‘The individual mandate applies across the board. People have no choice and there is no way to avoid it. Those who fall under the individual mandate either comply with it, or they are penalized. It is not based on an activity that they make the choice to undertake. Rather, it is based solely on citizenship and on being alive,” and clearly the judge was saying that\u2019s not kosher. That\u2019s not constitutional. ‘Judge Hudson used very similar reasoning in rejecting the Obama Administration\u2019s claim that since ‘every individual in the United States will require health care at some point in their lifetime\u2019 the federal government has the power to force Americans to buy health insurance now. Hudson writes: ‘Of course, the same reasoning could apply to transportation, housing, or nutritional decisions. This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by Commerce Clause jurisprudence.”<\/p>\n

So there will be other courts with the same opinion as this coming up shortly.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: What you have to know about the entire Obamacare debate, folks, and even about the ruling of Judge Hudson yesterday is that this is essentially about liberty. Do politicians in Washington get to tell us how to live? Including what we have to buy, what services we have to purchase, or do we get to tell them what to do and what we do or do or not want? This is about liberty. This is about free will. And this ruling highlights this. Health care here is almost beside the point. Health care is being used as a Trojan horse to take down the nation. Do not think otherwise. It is not about health care. Just like the Obama economic policy is not about jobs. It\u2019s all about taking down this nation, for whatever reason, Obama\u2019s got a chip on his shoulder, he\u2019s always been hateful country, he\u2019s been taught to be hateful, doesn\u2019t matter. <\/p>\n

Look at what\u2019s being debated here and everybody\u2019s celebrating. The regime was gonna tell everybody they had to buy health insurance simply because they\u2019re gonna get health treatment over the course of their lives, they\u2019re gonna have to buy it. The Constitution says no. The government doesn\u2019t have that power. This regime is arguing in court that it does, and frightfully there are a lot of Democrat appointed judges who agree with the notion this is perfectly within the government\u2019s purview to order citizens what to buy, what they must have. And yesterday with Michelle Obama coming out saying it\u2019s us, we\u2019re gonna determine what your kids eat before school, during school, after school, and at dinner, because you can\u2019t trust the parents to do that. So essentially this is about liberty and freedom and a Trojan horse that\u2019s designed to take the country down. We can get caught up in the argument, the commerce clause. What we\u2019re really arguing about here is does some politician, some president in a far away capital get to tell us what we must spend our money on, much less money that we would otherwise have if this guy weren\u2019t the president. <\/p>\n

Now, Judge Hudson here, he wrote, after talking about the commerce clause, he moved on to the regime\u2019s claim that the individual mandate was actually a tax that would make it constitutional under the general welfare clause. Here\u2019s what he wrote: ”This Court\u2019s analysis begins with the unequivocal denials by the Executive and Legislative branches that the [individual mandate] was a tax.\u2019 It was only when the Administration found itself before a judge, not in front of voters, that the White House conveniently shifted its rationale. Judge Hudson saw through this deception, identified the individual mandate as the penalty it is,\u2019 and when the regime first got wind that people were gonna call it a penalty, ‘No, no, no, it\u2019s not a penalty. It\u2019s a tax, and we have the power to tax under the general welfare clause.\u2019 The judge said can\u2019t change in the middle of the game. ‘This Court\u2019s analysis begins with the unequivocal denials by the Executive and Legislative branches that the [individual mandate] was a tax.\u2019 Then they ultimately said that it was a tax, giving themselves power under the general welfare clause to go ahead and force everybody to buy this. He rejected the regime\u2019s mandate-as-tax claim. <\/p>\n

‘It was not a total victory for Cuccinelli, however.\u2019 And again, this is the Morning Bell, the Heritage Foundation, ‘Judge Hudson rejected Virginia\u2019s request to strike down the entire law.\u2019 I, in my own legal naivete, I was wondering why he couldn\u2019t issue an injunction at that point. But I\u2019ll get an answer to that at some point down the road. ‘Despite claims by the President himself, and authors of the legislation like Senator Max Baucus (D&ndash;MT), Judge Hudson found that the Section 1501 was ‘severable\u2019 from the rest of the law and voided only that section and ‘directly-dependent provisions which make specific reference to 1501.\u2019 Judge Vinson, the Fourth Circuit Court of Appeals, and the Supreme Court will all be free to revisit this issue.<\/p>\n

Now, the Heritage people say: ‘But whether or not courts will invalidate just Obamacare\u2019s individual mandate is rapidly becoming irrelevant. Obamacare simply may not survive that long. It is already collapsing under its own financial and bureaucratic weight. Just last week, Congress voted to stop reductions in Medicare payments to doctors by raiding future revenues from Obamacare\u2019s insurance subsidy program. The number of waivers the Obama Administration has to grant from Obamacare\u2019s unworkable regulations grows each day.\u2019 It\u2019s up now to 250 companies and unions that have been granted waivers, in other words, exceptions. They don\u2019t have to have the law applied to them. So in that sense it is falling apart. The powers that be are admitting that following the law, following the tenets of Obamacare will be destructive. We won\u2019t be able to stay in business if we follow this. And Obama doesn\u2019t want that to happen this soon. He\u2019ll be more than happy after the 2012 elections for the bill to be implemented in time and ways that will destroy businesses, particularly the private sector insurance industry. That\u2019s one of many objectives here.<\/p>\n

‘Doctors are telling pollsters they will leave the medical profession in droves if Obamacare is implemented as planned by 2014. And according to the latest ABC News\/Washington Post poll Obamacare is now more unpopular than ever, with only 43 percent approving the law and 52 percent opposed. Obamacare will be repealed. It is only a question of when.\u2019 Randy Barnett — this is the American Spectator blog by Philip Klein — Georgetown law professor Randy Barnett says that a court decision is a game changer. <\/p>\n

”This was a huge day. The government needed to run the table on all of these cases to survive, and it failed. It basically needed all the judges to say it was constitutional, and as soon as they had one that said it wasn\u2019t, then we have a different game.\u2019 First, he said, ‘It changes the posture, because now this will go to the Court of Appeals, and the Court of Appeals is going to have to reverse this judge.\u2019 But in the more immediate term, it will impact a similar suit against ObamaCare brought by 20 states led by Florida, he predicted. U.S. District Court Judge Roger Vinson, of the Northern District of Florida, is scheduled to hear arguments on Thursday.<\/p>\n

‘Barnett explained that had today\u2019s decision gone the other way, the Obama administration would have been able to argue that three judges had upheld the law, but now the state of Florida can point to a case in which the law was ruled unconstitutional.\u2019 Barnett says, ‘Basically, every court has rejected the tax power argument. I never thought that argument was going anywhere, and it hasn\u2019t gone anywhere. This is another sign that this thing is going to have to rise or fall on the Commerce Clause and Necessary and Proper Clause. And the tax power thing is going to be gone.\u2019 <\/p>\n

Christian Science Monitor: ‘ Health Care Law: Why Federal Judge Struck Key Provision Down.\u2019 A couple quotes. ‘The Obama administration has defended the law by saying that Americans who refuse to buy health insurance are making an economic decision to not participate in the national health-care insurance market.\u2019 That\u2019s true, as freedom allows, my point earlier. ‘That decision, government lawyers say, has economic consequences that are within Congress\u2019s power to address,\u2019 which, again, to my lay ears, is a very slim argument. Another quote. ‘Hudson also rejected the Obama administration\u2019s argument that the law had also been passed under Congress\u2019s broad taxing authority. The fine required for not purchasing health-care coverage is a penalty, not a tax, he said. ‘If allowed to stand as a tax,\u2019 the judge wrote in a footnote, it ‘would be the only tax in US history to be levied directly on individuals for their failure to affirmatively engage in activity mandated by the government not specifically delineated in the Constitution.” <\/p>\n

So as you hear more and more lawyers and legal people weigh in on this, it becomes obvious that health care is not what\u2019s being discussed here. This is personal freedom. This is liberty. Health care is the Trojan horse to take the nation down, and it always has been, and this has been one of our premiere takes on this program on health care since it all began, that it wasn\u2019t about health care. Two thousand plus pages. This is not about health care. This is 2,000-plus pages spelling out the power government has; 2,000-plus pages defining what power and freedom individuals lose in all this. The idealists want to say, ‘No, no, no, Rush, we\u2019re the only civilized, industrialized country that doesn\u2019t have national health care.\u2019 It may be true, but there\u2019s a reason for that. We\u2019re not a socialist country, yet. <\/p>\n

And here\u2019s the ABC News story on the new low in support for health care. ‘The law\u2019s never been popular, with support peaking at just 48 percent in November 2009. Today it\u2019s slipped to 43 percent, numerically its lowest in ABC\/Post polling.\u2019 So when the ABC and the Washington Post poll is trending this way, you really have to believe that Americans get this issue now, and they understand how it will impact them. Nothing the Democrats have said in one year since they rammed this through has convinced anybody there\u2019s a different reality than a bad result. If the Democrats had persuaded people — remember Pelosi said we have to pass it to find out what\u2019s in it. <\/p>\n

Well, more and more people are finding out what\u2019s in it, and more and more people are saying they don\u2019t want it, and no effort, not one attempt by any Obama administration official or Democrat in Congress has been able to persuade people that this is a good thing. We\u2019re in for years of wrangling over this and it\u2019s crucial, folks, that the Republican Congress begin immediately to repeal this, send up a repeal bill every week and make the president defend this, make him veto it, and at some point we are gonna be able to override the veto, as we get closer to the 2012 election, and the Democrats in the Senate realize where their reelection lies. <\/p>\n

I don\u2019t accept this notion we can\u2019t override the veto, and I guarantee you there are a lot of other people in Washington who don\u2019t want to admit it but they think it\u2019s highly likely or possible if the right way is taken, the right strategy employed here. Yeah, we can\u2019t repeal it with one piece of legislation. But you can make them defend it. You can make them defend it often. In the face of public approval falling like a rock for this thing, you make them come out and tell us why we\u2019re wrong; you make every administration official go out and publicly tell us why we\u2019re wrong, why this is great for us, why losing our liberty is a good thing. I want to hear them be able to sell that.<\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Heritage Foundation Morning Bell, another victory on the road to repeal. Morning Bell. They say Obamacare will be repealed now. It is only a question of when. Here\u2019s President Obama yesterday afternoon again in Tampa, WFLA-TV Eyeball News. 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