Constitution Party of Georgia’s Response to the Supreme Court’s Obamacare Ruling

Taking a Stand for Freedom

Atlanta, GA – June 28th, 2012– “Not if we have anything to say about it!” said Ricardo Davis, Chairman of the Constitution Party of Georgia. That’s Davis’ reaction to the Supreme Court ruling that has stunned and angered many Americans – that the widely unpopular legislation known as Obamacare is constitutional. “Our nation has taken another step downward in our devolution toward socialism,” Davis said, adding that he is “saddened” by the ruling.

Even more stunning perhaps is that the majority opinion of the 5-4 ruling was written by a member of the court who had been expected to vote against President Obama’s signature health care bill: Chief Justice John Roberts. In it, the court upheld Obamacare’s most controversial provision, the so-called individual mandate, which forces most taxpayers to buy health insurance or pay a fine. The court ruled the mandate is a tax, falls within the powers of Congress and therefore is constitutional. By ruling the mandate is a tax the court sidestepped the controversial issue of whether Congress could impose it under the Commerce Clause of the Constitution.

But Davis praised the four dissenters on the high court, including Justice Anthony Kennedy, who unexpectedly voted with conservatives Antonin Scalia, Clarence Thomas and Samuel Alito. Their opinion, Davis said, “really brought the salient constitutional issues squarely into view.”

Socialists Rejoice While Patriots Mourn

The dissenting opinion called the individual mandate unconstitutional and said the entire law should have been struck down. It was also bluntly critical of the majority, pointing out that Congress never intended the individual mandate to be a tax. In a statement from the bench, Kennedy said the majority ruling “saves a statute Congress did not write. The court,” he said, “regards its strained statutory interpretation as judicial modesty. It is not. It amounts instead to a vast judicial overreaching.”

The supreme irony of the ruling is that it makes the five Justices of the majority the first in the country to agree with the administration’s argument that it has such a power to tax. Every lower court to consider the issue had rejected that, including those which ultimately upheld the law itself.

The court also took issue with Obamacare’s expansion of Medicaid without striking it down entirely. It ruled the federal government cannot withhold all Medicaid funding from states that choose not to take part in the expansion. Rather, it must give states a choice between taking part in the expanded program or leaving it as is.

In his opinion, Roberts admitted there is widespread public opposition to the controversial health care law, but said policy decisions can be made only by the legislative and executive branches, not the courts. And he added, “It is not our job to save the people from the consequences of their political decisions.”

House Republicans have already scheduled a vote to repeal Obamacare for the week of July 9th. But Davis noted that a number of GOP lawmakers have played both sides of the Obamacare issue. “Which Republicans initially voted for Obamacare?” he asked, “and what have they done since its passage to try to knock it down? Even those who voted against the bill – what have they done since then? How many appropriations bills have they voted for that funded various parts of this bill?”

“If Republicans were serious,” Davis added, “they would have done something a long time ago. Our president’s policies in general and Obamacare in particular represent a great overreach and should have been resisted in like manner by any lawful means at Congress’ disposal.”

Presumptive Republican presidential nominee Mitt Romney also weighed in on the Obamacare ruling, promising that “What the Court did not do on its last day in session, I will do on my first day if elected president of the United States and that is I will act to repeal Obamacare.”

But there is a saying that “If there’s a difference between what you say and what you do, what you do is the truth.” And despite what he said, what Mitt Romney did as Governor of Massachusetts was to sign into law what became known as “Romneycare.” That, according to MIT economist Jonathan Gruber – one of the architects of Obamacare – was the very foundation of the federal legislation.

Interviewed on MSNBC’s The Last Word with Lawrence O’Donnell, Gruber said this about Romneycare and Obamacare: “The truth is that the Affordable Care Act is essentially based on what we accomplished in Massachusetts. It’s the same basic structure applied nationally. John McDonough (the executive director of Health Care For All, a Massachusetts consumer health advocacy organization and) one of the other advisers who worked in both Massachusetts and advised the White House, said it’s the Massachusetts bill with three more zeros. That’s basically a good description of what the federal bill did.”

This issue, Davis said, is now in the hands of the American people “who wish to honor the legacy our Founders gave us of liberty under law.” He called it “a challenge that will set the stage for the next ten years of political activity and impact all three branches of the federal government.”

Davis also called on state governments to interpose Obamacare. “The 10th Amendment,” he said, “is one means by which the American people, though their elected representatives, can interpose to protect our Constitutional liberties.” But even at the state level, he said, there may be a lack of political backbone. “If your governor and state legislature respond by saying the law’s been upheld and we must comply, you should seriously consider finding a replacement for any elected official who will not act to protect you and your community from this attack on your constitutional liberty.”

And Davis suggested the days of political compromise, of ‘reaching across the aisle,’ are over. “It is past time for getting along. It is past time for saying ‘Oh well, we lost, so let’s go with the flow.’ If our elected officials are serious about standing up against Obamacare then they will not be afraid of doing what is necessary to contend for our liberties.”

But those who are politically active, Davis cautioned, whether they are trying to influence members of Congress or state or local officials must also learn to “follow the money.” The federal government, he said, often uses what are cynically referred to as “favorable appropriations” – essentially bribes – to assure that not only members of Congress but governors and state and local lawmakers are pliable and will comply with its mandates.

Constitution Party Presidential Candidate Virgil Goode has also called for the repeal of Obamacare. But Goode, a former Virginia Congressman, goes further, promising when he is elected to push for tort reform as well. “A big factor in medical costs,” he says, “is the high cost of malpractice insurance for our physicians and other health care providers.” Goode says tort reform should put limits on “attorney fees and the amount of damages recoverable for non-economic losses.”

The Constitution Party of Georgia Position on Obamacare

Simply put, Obamacare is an assult against our God-given inalienable rights. We oppose the individual health care mandate and we aim to have this law overturned after the fall elections. The Constitution Party’s official position on healthcare can be found here.

Our Fight Against Tyranny Has Just Begun!

It’s not too late to right the injustice. In the upcoming months, the Constitution Party will use all necessare legal means to protect our freedoms and push for a complete repeal of Obamacare.. Wask that you join us in this fight. Our inalienable rights as citizens of the United States are under direct attack. Please us today and stop the advance of Federal socialism!

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