Quote of The Day

“Amazing, all the people that fought so hard to get this are opted out.” – DoubleU

In comments here on the following:

HHS grants 500 new healthcare waivers

“…A week after Republicans announced plans to investigate waivers granted to organizations for healthcare reform provisions, President Obama’s health department made public new waivers for more than more than 500 groups.

The Department of Health and Human Services (HHS) is granting temporary waivers to organizations that would not be able to meet the reform law’s new requirement for annual coverage limits.

As of last week, HHS had granted waivers to 222 organizations covering 1.5 million individuals. Though the number of groups receiving waivers has now more than tripled, the number of individuals covered by the waivers increased just 600,000 to 2.1 million…”

OK, SteveC and Nunya, help me out here…notwithstanding the argument that the personal mandate contained in this piece of crap violates the 10th amendment (I for one don’t see a federal healthcare mandate in there anywhere), doesn’t this just beg for a lawsuit under the equal protection clause of the 14th?  I understand the 14th was originally written to protect citizens from having their rights abridged by the states, but I also think I understand correctly that it has since been interpreted to apply to the Federal Gummint as well?

Oh – and the ironing of the “Opted Outs” is not lost on me either – hence the QOTD.

Discuss amongst yourselves…



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6 Responses to “Quote of The Day”

  1. stevec Says:

    In theory, they just have to have what some clown in a black robe determines to be a valid reason for an exception (if challenged at all). The reality is that, even in the little things like traffic stops, not to mention the big things like those pesky rights protected by the Constitution, our system is the law of rule and not the rule of law as most would like to believe. I, for one, welcome our new overlords.

  2. Joe Says:

    I welcome them too.

    I welcome them to get close enough for Missouri’s castle doctrine law to kick in and give me a well aimed shot.

    Oh, and leave me alone FEDS, I’m running my suck, not threatening!

  3. T.S. Nunya Says:

    Curtis, what sort of 14h amendment claim would be made in the lawsuit?

  4. curtislowe Says:

    Nunya: I don’t know – that’s why I’m asking you two. How can we pass a federal law that requires EVERYONE to have health insurance under threat of monetary fines (to be enforced by the IRS), and then exempt certain groups at whim?

  5. stevec Says:

    The Supremes have effectively said that the 9th and 10th amendments are meaningless and that any conceivable government action can be justified under the commerce clause and/or the preamble. Any “legal” analysis beyond that is mere sophistry and mental masturbation. Curtis, it appears that you are laboring under the illusion that the 14th Amendment’s substantive due process guarantee requires similarly situated Americans to be treated equally. In theory it might, but I don’t pay any attention to such jurisprudence because the reality is that in constitutional matters, exceptions to justify government contravention of constitutional requirements are the norm. Whether the standard is categorized as a “compelling” gov’t interest or merely a “rational” gov’t interest that must be shown to justify the exception du jour, it doesn’t matter because the purpose is to give some judge a colorable reason to approve of the gov’t action. If you think I’m being too cynical, just review 4th amendment jurisprudence of the last 50 years. Or commerce clause litigation starting in 1932. Or any litigation dealing with the war on drugs. The purpose of our judicial system has become one of preserving and expanding government authority at all cost.

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