I Could Support This Individual Mandate

I know that Judge Roger Vinson has ruled the individual mandate unconstitutional and I agree completely with his ruling. Of course the Obama regime is ignoring the ruling and pressing on with implementing this disaster even though they should be putting an end to it. Judge Vinson made it clear that the federal government was expected to follow a ruling and therefore he did not need to make an additional ruling telling them to do so. Obama and his people do not obey the courts or any other legal entity that interferes with their agenda.

I know that this decision can be overturned in a higher court and it is obvious that it will eventually be decided in the Supreme Court. So while I am happy that this was ruled unconstitutional, I know that it can be back as quickly as it left.

I do find that I might be in favor of an individual mandate. Several lawmakers in South Dakota have introduced a bill that would require all adults age 21 or older to buy a gun:

Five South Dakota lawmakers have introduced legislation that would require any adult 21 or older to buy a firearm “sufficient to provide for their ordinary self-defense.”

The bill, which would take effect Jan. 1, 2012, would give people six months to acquire a firearm after turning 21. The provision does not apply to people who are barred from owning a firearm.

Nor does the measure specify what type of firearm. Instead, residents would pick one “suitable to their temperament, physical capacity, and preference.”

One of the lawmakers admits that the bill has no chance of passing and he does not expect it too. The bill was introduced to demonstrate the absurdity of the government forcing people to buy things.

Then again, the detailed and well researched decision by Judge Vinson demonstrated the absurdity of the government’s action all by itself…

Cave Canem!
Never surrender, never submit.
Big Dog

Gunline

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Obama’s Words Come Back To Haunt Him; For Now

Federal Judge Roger Vinson struck down Obamacare as unconstitutional dealing a blow to the liberal plan of taking over health care in this country. Judge Vinson wrote a detailed ruling which basically eviscerated the claims of those who pushed this monstrosity on us. Though the ruling correctly dispels the notion that the Commerce Clause allows Congress to force people to buy a product, the most interesting part of it comes in the form of a note at the end where Vinson uses the words of Barack Obama against him:

“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that, ‘If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of his 78-page ruling Monday. Washington Times

Obviously this is not a reason to make the ruling (and the ruling was based on the Constitution) it is interesting to see the judge use Obama’s words to remind people that he opposed the idea when running for office. It is a historical record that shows how Obama said one thing as a candidate and then did another. Future historians will see one more piece of evidence of the failure that is Obama.

This ruling is but one step because no matter what happens this will ultimately be decided by the Supreme Court. This might get more interesting because Justice Kagan might have to recuse herself from the issue if she had anything to do with it while Solicitor General. If that is the case then there is a possibility the court will end in a 4-4 tie on the issue (depending on Justice Kennedy). If that is the case then the lower court ruling stands. There have been two rulings that state the law is Constitutional so the first one to the SCOTUS might decide the issue.

If Kennedy rules with the conservative side of the Court (which he does more than not) then it matters not which appeal gets there first.

This law needs to die a quick death and today’s ruling is a first step in that endeavor.

Cave Canem!
Never surrender, never submit.
Big Dog

Gunline

[tip]If you enjoy what you read consider signing up to receive email notification of new posts. There are several options in the sidebar and I am sure you can find one that suits you. If you prefer, consider adding this site to your favorite feed reader. If you receive emails and wish to stop them follow the instructions included in the email.[/tip]