Categorized | Opinion

Why Two Favorable Rulings on ObamaCare Don’t Matter

Virginia Attorney General Ken Cuccinelli sent out this short message when the ruling came in on the Virginia Lawsuit against the Federal Mandate in ObamaCare:

Today, a federal judge in Richmond ruled the individual mandate of the federal health care law UNCONSTITUTIONAL!

In other words – we won!

This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.

On the victory for States in the Florida case, Cuccinelli said:

“I am heartened by the fact that another federal judge has found that the individual mandate forcing citizens to buy private health insurance is unconstitutional.  The judge also found that the individual mandate could not be severed from the remainder of the law, so he declared the entire act invalid.

“Constitutional principles have scored another victory today.  Liberty has scored another victory today.


Liberals are quick to point out that two courts have upheld the constitutionality of ObamaCare, so we have a split decision. That is not how it works. This is not a best of seven series.

All laws are presumed Constitutional when they become law. There is a high mark to declare a law unconstitutional, as it should be. So, declaring a law not unconstitutional is hardly news. It is an unremarkable finding. On the other hand, for a court to deem a law unconstitutional is a remarkable finding. It actually changes the status quo of the law, unlike a finding of the presumed assumption that is it not unconstitutional.

So these two recent rulings, the Virginia case as well as the Florida case, are remarkable in finding the law unconstitutional. That is a big “effing” deal.

And a look at the two cases that ruled the propounded arguments to be constitutional shows why these are not quite the victory the left wants to pretend they are.

In the Michigan case, Judge George Caram Steeh had to create a brand new doctrine, the Economic Decisions Doctrine as it has been called rather than rely on actual legal and constitutional facts. But there was one bit he got right. Steeh ruled that the plaintif does have standing today and does not have to wait until 2014, when the mandate is scheduled to take effect. The question of standing has been a cornerstone of the Federal Government’s defense, hoping that delaying the ruling will make a rollback so expensive that ObamaCare will become law, constitutional or not.

The second “favorable” ruling was in Virginia before Judge Norman K. Moon brought by Liberty University. Moon relied on the Michigan ruling (the Economic Decisions Doctrine) that concluded not buying insurance was not inactivity, but was really cost shifting. So it was actually activity.

In other words, doing nothing today may force you to do something in the future, therefore doing nothing is going to cause activity in the future, and is an activity.

So, using that logic, I can tell my wife that lounging on the sofa instead of repairing the roof is really an activity, because not fixing it today will force me to deal with it when the rain starts dripping on the floor in a few months, or years.

I don’t know about your house, but that won’t fly in mine. And it should not fly in the Supreme Court.

Of course, not buying health insurance today may lead to an uncovered illness in the future. But what if the same person continues their pattern of inactivity, does nothing, and dies from the illness without medical care? Or gets hit by a bus and dies? Or attends a Charlie Sheen 72 hour bender and croaks?

But the death tax already proves that Liberals believe dying is an activity, right?

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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