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IS REPEAL WITHIN REACH?

by Sharon Rondeau

After more than two years of litigation against it, can the PPACA be repealed this year?

(Jul. 3, 2012) — The state of Wisconsin will not enact the health care law which the mainstream media has reported was upheld by the U.S. Supreme Court last Thursday.

The Court ruled that the federal government cannot order people to take action under the Commerce Clause in Article I, Section 8 of the U.S. Constitution.  A mandate to the states to expand Medicaid rolls was described by “The Hill” as “an offer” from the federal government and reports that 15 states have refused to participate in it, even though the Supreme Court agreed that it is “coercive” and not enforceable.

In his opinion released on June 28, Chief Justice John Roberts stated that the “penalty” in the Patient Protection & Affordable Care Act (PPACA) “may be” considered a tax under Congress’s constitutional ability to levy taxes.  Whether or not the individual mandate can operate without the forced expansion of Medicaid upon the states, which the court struck down, remains a question.

CBS News reported that sources at the Supreme Court had said that Roberts had been poised to vote with the four justices who wrote the dissenting opinion released last Thursday and had “switched his vote at the last minute.”

Florida and Wisconsin had stated early last year that they would not implement any aspects of the law which was recently reviewed by the U.S. Supreme Court. Since the ruling, Louisiana has stated it will not implement the law, which includes establishing “insurance exchangesdesigned to “create a more organized and competitive market for buying health insurance.”

Florida was the leader of the lawsuit eventually consisting of 26 states and the National Federation of Independent Business which was heard in March of this year.  The Commonwealth of Virginia had filed a separate lawsuit which was dismissed by the Fourth Circuit Court of Appeals last September.

The state of Illinois is planning on implementing the PPACA after receiving three federal grants to implement a health care exchange.  Some states have been described as “hostile” to the law, and the House of Representatives has scheduled a vote on July 11 to repeal it.

Obama’s “home state” is Illinois.

Both Republican and Democrat Senators have stated that the bill could be repealed in the U.S. Senate with a simple majority of 51 votes, a plan which was announced directly after the Supreme Court’s decision.  Because of the individual mandate’s new status as a tax, it can be repealed under “reconciliation.”

Some candidates for Congress have stated that they would vote to repeal the bill if elected in November.

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  1. Great background information Sharon Rondeau; and Jedi Pauly – I dare say RIGHT-ON. I truly believe that you’ve got something solid here, in spite of the fact that our lack of representation is a form of slavery in itself. Our governmental officials are so interested in their wage enhancement, benefits, bonus, escalating pensions, that they forget about representing the people and upholding their Oath of Office, and abiding by the Constitution. A rather disgusting display of SELF-SERVING-GREED – every blasted one of them. Let the revolution begin !!!

  2. They have no choice but to repeal it. Why? There is simply no power or authority granted to Congress by the Constitution to lay this kind of tax. The Constitution only grants the power to lay an indirect tax or a direct tax on incomes and wealth, or a tax on the exercise of a privilege (like a sales tax or license tax). That is the limit of the Congresses authority to tax. They were never granted the authority to tax you for not buying a product or not engaging in commerce (a privilege). Since not buying insurance is neither income or wealth, nor is it the exercise of a privilege (it is no action at all) then there is nothing to tax that falls within governments authority.

    The judicial Branch of government does not have the power and authority to override the Constitution and grant to the government new powers of taxation that the Constitution does not authorize and forbids in the 13th Amendment, and is forbidden in State constitutions. Since the Supreme Court is not elected and is not the governmental body that makes laws, they cannot create new powers of taxation and grant that to the government without the consent of the People who would have to change the Constitution in order to grant government those powers of taxation. Since this new power to tax has been invented by John Roberts and the majority of the court, who are not the representatives of the People, we now have TAXATION WITHOUT REPRESENTATION which is involuntary servitude or SLAVERY. So actually judge Roberts has reintroduced slavery and opened the door wide to expose the fact that the entire Congress, Obama, and the Court have reintroduced slavery via taxation without representation. It started in the Senate where taxes cannot originate (taxation without representation), and then it was presented to an unconstitutional President who cannot make taxes with his signature that the minority must obey (those of us who refuse to accept him as our representative because he is born to a foreign father and is not nbC), again this is taxation without representation, then the court, an unelected branch of government, invents the law to be constitutional as a power to tax that does not exist in the Constitution making a law of taxation without the consent of the people which is taxation without representation again. Now their treason is compete with all branches of government joining in reintroducing slavery in violation of the 13th Amendment and State constitutions. The Congress has no choice to repeal this. If they don’t, they and the People will suffer greatly as the second war for freedom and independence begins. Slavery will be the rallying cry that will expose Obama and Congress for the illegitimate frauds that they are.