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RUSH: The judge’s ruling on Obamacare. I have to assume that got discussed here yesterday. (interruption) You don’t know? (interruption) Oh, that’s right. None of you were here for the guest host. (interruption) The guest host came from the igloo, yesterday. (interruption) Okay, that’s right. You know what I don’t get? (interruption) He did not discuss it? Okay. I have just been told that it was not discussed.

This is so simple to me, and the fact that it’s so simple and yet what is so simple and obvious is being ignored, is all that you need to know about this. What happened was that a federal judge in Texas ruled that Obamacare is unconstitutional ever since the Tax Cut Act of last year or this past year was signed into law because it did away with the mandate. It did away with the personal mandate requiring people to buy health insurance.

Once that’s gone, that is the foundational pillar of Obamacare.

There’s no funding mechanism for it once that’s gone, and once that’s gone the whole thing is unconstitutional, and the judge said there’s no two ways about this. Obamacare is ununconstitutional. The mandate is what kept it constitutional, and the mandate being kept in it is what Judge Roberts did, or Justice Roberts. The chief justice actually rewrote the law to make it constitutional ’cause I didn’t want to be the guy to strike down serious legislation of the first African-American president. Ain’t no way that was gonna happen.

So Roberts rewrote it in such a way that the mandate was called a tax, meaning the federal government has the power to tax, the federal government does not have the power to make you or me buy anything. But they do have the power to tax. So Roberts rewrites it, essentially, and calls the mandate a tax. The judge says the tax is gone; tax reform took away the mandate. This law is unconstitutional. Now everybody’s having a cow over it, including Republicans. “Oh, my God. Oh, my God. Oh, my God. What are we gonna do? Oh, my God.”

This is the greatest illustration they’re not even serious about this!

Health care, I mean.


RUSH: Rather than seeing this judge’s ruling as an opportunity, what does all of Washington do? Panic! They panic. They thought they had taken care of health care, swept it under the rug. “Who cares how it works? Who cares how much it costs? We did it.” Now a judge has come along and told ’em, “Nope, it’s unconstitutional.” My question is, what do people not understand about unconstitutional? If it’s unconstitutional — and this is gonna be tested all the way back up to Supreme Court, and Justice Roberts is gonna have his chance at it again, and we kind of can predict what’s gonna happen.

But my point still survives. If it’s unconstitutional, it’s unconstitutional! That ought to mean what it means, and it ought to mean, “Okay, it’s gone. We’ve got to redo it and do it right and let’s do it right for a change!” Nope. Nope. There’s panic. “Oh, my God. Oh, my God. What are we gonna do? Who’s gonna get blamed for this? Oh, my God.” Democrats and Republicans both don’t want to touch this. It’s too hot a potato. The Democrats are happy for the chaos.

They’re happy for the Republicans not wanting to be aggressive and go out and grab this thing and fix this finally, rather than leave it as something attached to Obama. And the fact that it’s unconstitutional ought to be all anybody needs to hear. When it comes to everything else, unconstitutional is final. But with this? “No, no, we have to find a way to make it work. Oh, no, we have to find a way to really not change it and make it constitutional.” It’s kind of like, what do people not understand about illegal immigration?

What is so hard to understand about illegal immigration and wanting to uphold the rule of law? How does that back racism, bigotry, anti-people of color? How does it become any of that? It becomes all of that because of silly politics. “Illegal immigration” is all anybody ought to know and hear about it. But yet all of California, much of Arizona says, “Screw that! We’re gonna have sanctuary cities! We’re gonna enshrine the unconstitutionality and we’re gonna enshrine the illegality of it and (raspberry) you!” There ought to be a serious political price paid for people who willingly spit on the Constitution and the law like this!

Sarah Sanders has clarified her comments on the wall and money.

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