Tag Archives: Opinion

News

Obamacare struck down as unconstitutional by Florida judge

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Hans Bader again, writing at the Competitive Enterprise Institute.

Excerpt:

A judge in Florida just declared the health care law known as “Obamacare” unconstitutional, ruling it void in its entirety. Judge Vinson rightly declared the health care law’s individual mandate unconstitutional, since the inactivity of not buying health insurance is not an “economic activity” that Congress has the power to regulate under the Interstate Commerce Clause. (Under the Supreme Court’s decision in United States v. Morrison (2000), which I helped litigate, only “economic activity” can be regulated under the Commerce Clause, with the possible exception of those non-economic activities that harm instrumentalities of interstate commerce or cross state lines.)

Judge Vinson also rightly declared the law as a whole unconstitutional. The health care law lacks a severability clause. So if a major provision like the individual mandate is unconstitutional — as it indeed was — then the whole law must be struck down.

[…]As I noted earlier in The Washington Examiner, “To justify preserving the rest of the law, the judge” in the earlier Virginia case “cited a 2010 Supreme Court ruling [Free Enterprise Fund v. PCAOB] that invalidated part of a law — but kept the rest of it in force. But that case involved a law passed almost unanimously by Congress, which would have passed it even without the challenged provision. Obamacare is totally different. It was barely passed by a divided Congress, but only as a package. Supporters admitted that the unconstitutional part of it — the insurance mandate — was the law’s heart. Obamacare’s legion of special-interest giveaways that are ‘extraneous to health care’ does not alter that.” In short, Obamacare’s individual mandate is not “volitionally severable,” as case law requires.

The individual mandate provision also was not “functionally” severable from the rest of the law, since the very Congress that passed Obamacare deemed the individual absolutely “essential” to the Act’s overarching goals (as Judge Vinson in Florida correctly noted).

[…]Cato legal scholar Ilya Shapiro, who filed briefs against the law in Virginia, comments on today’s decision here, calling it a “victory for federalism and individual liberty

I also got two more opinions about what this means:

Not sure who to believe. An injunction would have been better.

Humor

Friday night funny: Obama’s magic speeches and wise Latina writings

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Scrappleface reports that Obama’s Cairo speech has worked!

“I suppose I’ve been a bit unreasonable, testy, even dictatorial at times,” said the contrite Iranian leader. “After that speech, I feel like my eyes have been opened. How could I have missed all of the common ground we share with America and Israel. I’m going to have Barack over to the house, and let him know that Iran’s nuclear ambitions can take a back seat to our desire for true brotherhood and unity. And boy, do I ever owe those Jews a big apology?”

According to Press Secretary Gibbs, Obama plans a similar speech… for atheists:

“Most peace-loving atheists want nothing more than to be left alone to pursue sensory stimulus, pass along their DNA, and then to allow their carbon molecules to reunite with the soil,” said Gibbs, “but instead they bear the reproach of those who blame them for the actions of Hitler, Stalin, Mao, Pol Pot and George Soros.

…Like most Americans, atheists want safety for their offspring, those charming little vessels of genetic code,” said Gibbs. “They want the right to elect representatives who will make laws guaranteeing survival of the fittest. They want freedom to speak whatever ideas the electro-chemical reactions in their brains happen to produce….”

Steven Crowder meets Alfonzo Rachel, and they explain what Republicans are really like. (H/T 4Simpsons, Hot Air)

Oh, I know I’m just like those two! Well, I look more like Zo than Crowder.

Here are some of Ronald Reagan’s best lines: (H/T Club For Growth)

Barney Frank’s fascist tendencies are showing: (H/T Michelle Malkin)

You can also read some of the wise Latina’s writings. (H/T Muddling Towards Maturity)

LifeNews reports on her interview with Senator Demint:

“When I asked if an unborn child has any rights whatsoever, I was surprised that she said she had never thought about it,” he said. “This is not just a question about abortion, but about respect due to human life at all stages — and I hope this is cleared up in her hearings.”

Happy Friday!

News

Are the oceans warming?

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We actually have a pretty comprehensive way of measuring the changes in the temperature of the oceans. We use a submersible sensor called an “Argo Buoy” in order to do the measurements. Since 2003, 3000 of them have been taking measurements in all the oceans of the world. The purpose of the buoys is to provide scientists with confirmation that the globe is really warming. But all was not well.

But the Vancouver Sun reports: (H/T Commenter ECM)

So why are some scientists now beginning to question the buoys’ findings? Because in five years the little blighters have failed to detect any global warming. They are not reinforcing the scientific orthodoxy of the day, namely that man is causing the planet to warm dangerously. They are not proving the predetermined conclusions of their human masters. Therefore they, and not their masters’ hypotheses, must be wrong.

In fact, “there has been a very slight cooling,” according to a U.S. National Public Radio (NPR) interview with Josh Willis at NASA’s Jet Propulsion Laboratory, a scientist who keeps close watch on the Argo findings.

Well, maybe the climate models predicted some cooling?

The big problem with the Argo findings is that all the major climate computer models postulate that as much as 80-90 per cent of global warming will result from the oceans warming rapidly then releasing their heat into the atmosphere.

But surely the other models are being confirmed by observations?

Modellers are also perplexed by the findings of NASA’s eight weather satellites that take more than 300,000 temperature readings daily over the entire surface of the Earth, versus approximately 7,000 random readings from Earth stations.

In nearly 30 years of operation, the satellites have discovered a warming trend of just 0.14 C per decade, less than the models and well within the natural range of temperature variation.

But maybe if we wait for a while, scientists will discover new measurements that are the opposite of these measurements. The new measurements will confirm that global warming is real, that scientists need more grant money, and that socialists must take control of the economy right now in order to save us from the horrible Flying Spaghetti Global Warming Monster! Those 700 dissenting scientists? Paid off by big oil! All of them!

The polar ice caps were also paid off by big oil. How else do you explain their refusal to melt?

UPDATE: NASA study shows that solar activity is responsible for past global warming.