The Horse Sense Blog compares the nonsense in today's news with good ol' fashioned horse sense

“…I shall speak forth my sentiments freely and without reserve.… It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.” - Patrick Henry, March 23, 1775

"The further a society drifts from truth the more it will hate those who speak it." - George Orwell

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Tuesday, July 22, 2014

Court Finding Is Potential Crippling Blow To Obamacare

Here's the Nonsense:  Obamacare is solidly entrenched as valid and good law as supported by the Supreme Court.  Nothing is going to remove it.

Here's the Horse Sense:  Obamacare is not good law, it's questionable at best. This ruling shows it has a weakness that may be devastating to the law's future.

We've all been waiting for it.  Most Americans have been hoping for it.  And now the U. S. Court of Appeals for Washington, D.C. has issued a ruling that almost 5 million subsidies given to Obamacare subscribers are illegal. Could this be the Achilles heel that takes Obamacare down?

Since its inception as an idea, long before it was even passed into law, the majority of Americans have been against Obamacare recognizing that it would destroy the quality healthcare that Americans have come to enjoy.  Constitutionally it didn't stand as legal, but Supreme Court Chief Justice Roberts changed his opinion at the last minute in a twisted attempt to make it appear legitimate and pushed the vote that allowed it to stand.  While Americans screamed "foul play" their cries fell on deaf ears.  Congress, who is supposed to represent the people, didn't listen and stop the fiasco (the House has the constitutionally authority to defund it, but wouldn't).  

With the exception of a few brave and honorable elected officials, most sat on their hands and did nothing to stop this monstrosity of a law that is a foundation stone in the plan to destroy not just our economy, but our republic.  

Fortunately that didn't stop Americans who care about our future.  Lawsuits have been brought against Obamacare for a variety of reasons.  Some, like the recent decision in the Hobby Lobby case, have had positive outcomes for liberty, but still aren't enough to do a death blow to the law.

Many cases are working their way through the court system and some may eventually land at the Supreme Court.  This case about subsidies is very close, having made it to the appeals court level.  And this may give Americans a chance at seeing this law stopped before it does the guaranteed damage it will do not just to our economy and nation as a whole, but to individuals as they will find the care they receive will be substandard and even limited or non-existent if they don't fit the criteria the government bureaucrats decide are required to get care.  (If you haven't seen the work Dr. Ezekiel Emmanual, brother of Rahn Emmanuel the former White House Chief of Staff and current Mayor of the sadly failing progressive city of Chicago, then you don't understand how bad it's going to get.  Dr. Emmanuel is one of the key architects of the design of Obamacare and has published works worthy of Nazi Germany showing that only certain people should be given any significant level of care.)  

In a rather negative report, CNBC covers the decision and it's sister case that's pending in the Fourth Circuit Court of Appeals in detail.  While CNBC may think it's negative and be promoting the idea that this decision will not stand.  Whether they're right or not we do not know.  But we must remember that no one knows because no one can foretell the future.  Americans need to be praying for a good outcome on this issue.  This could create a situation that was unforeseen by the administration and help result in the eventual end to this terrible law.

UPDATE (07/22/14 5:14PM ET):  Since the publishing of this post CNBC has now reported that the Fourth Circuit Court of Appeals has ruled on the similar case on this issue.  They have ruled that the federal subsidies are legal.  This split between the two courts could potentially take this issue to the Supreme Court, giving them another chance to correct some of the damage they did by their original Obamacare decision.

2nd UPDATE (07/23/14 7:59 ET):  National Review is now reporting"President Obama’s old Harvard Law professor, Laurence Tribe, said that he 'wouldn’t bet the family farm' on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the federal courts."  While skeptics legitimately question whether our court system can actually do their job and not legislate from the bench anymore, Professor Tribe has a long career of legal expertise and still believes that the final result in these cases could be sound judicial ruling instead of the common imposition of a judge's ideology in their decisions.  National Review's article cites Tribe and other legal experts who raise a legitimate argument as to why the ultimate outcome should be a ruling that does severe damage to Obamacare.