Obamacare: Passed in March, Now in Court

Radio Commentary, WMVV 90.7 New Life FM, August 20, 2010
By Sue Ella Deadwyler

Good morning, Jim. Nothing has attacked states’ rights more than the federal effort to force-feed Americans the bitter pill called “national healthcare.” But the states are fighting back. On August 6th, Governor Perdue joined 19 other states in a constitutional challenge to the federal healthcare reform act, after the Department of Justice filed a motion to dismiss the case.

The lawsuit was originally filed in Florida’s Northern District federal court March 23 – just minutes after President Obama signed the healthcare bill into law. Hearings will begin September 14th in Pensacola and there are indications the states will prevail. Earlier this month, a judge in a similar lawsuit in Virginia ruled against still another Department of Justice motion to dismiss and the Virginia lawsuit was allowed to proceed through the courts.

The fact is the Constitution of the United States Commerce Clause has never been used to force citizens to buy unwanted goods or services. But the administration is determined to use it now to force citizens to buy Obamacare or pay a fine if they don’t. Another fact: the administration is now claiming the federal healthcare plan is just another tax, but that’s the exact opposite of what they said when they pushed it through congress. Even if it is a new tax by the federal government, it’s an unlawful direct tax that violates the Constitution, Article I Sections 2 and 9.

Other facts are these: states are already forced to spend their limited tax money on planning and operational requirements to meet the federal mandates of Obamacare. Not only is it a negative impact on lean state budgets, its direct attack on state sovereignty has caused Georgia and other states to pass laws to prohibit mandatory participation in any federal healthcare plan.

That leaves us with this: Obamacare did pass, but it’s been in court since March and the number of states joining the lawsuit is increasing. So, prayer is in order for the judge, for the attorneys involved, for the outcome and for God to bless America by getting us out of this mess. For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.