Texas [Insert Health Care Pun] against Obamacare!!!

"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:9

FANTASTIC:

Fort Worth-based U.S. District Judge Reed O’Connor on Friday ruled that a major provision of the Affordable Care Act is unconstitutional — and that the rest of the landmark law must fall as well.

In February, a Texas-led coalition of 20 states sued the federal government to end the health care law in its entirety, arguing that after Congress in December 2017 gutted one of its major provisions, the rest of the law was unconstitutional. The U.S. Supreme Court had upheld the law because its individual mandate — a financial penalty for not having insurance — could be interpreted as a tax. But after Congress set that tax at $0, the Texas coalition claimed the rest of the law no longer had “constitutional cover.”

O’Connor sided with Texas, ruling that the individual mandate was rendered unconstitutional. That portion of the law, he argued, is not severable from other provisions, and so the rest of the law must fall.

Honestly, this should be a no-brainer.  Obamacare was originally upheld as a tax.  That tax is gone.  Case closed.

That being said, don't ever underestimate John Roberts' willingness to invent rationalizations for this wretched law.  That's why the "tax" argument emerged in the first place.  It will be interesting to see into what new intellectual pretzels John Roberts might twist himself.

TPPF has more:

“Today’s historic win striking down Obamacare is only the first step,” said Robert Henneke, general counsel and director of the Center for the American Future at the Texas Public Policy Foundation. “We need to focus on the future and look to states like Texas to lead in restoring the relationship between doctor and patient, unencumbered by government and insurance company red tape. Let’s focus on solutions that will drive down costs and restore choice in doctor.”

Please, make it so.

Bottom Line: Health care freedom requires an unencumbered relationship between consumers and providers.  Yesterday's ruling was a necessary, but insufficient, step in that process.  Kudos to Paxton and TPPF!!!

SCOTX Bails Out UT with Legal Absurdity....

"Therefore humble yourselves under the mighty hand of God, that He may exalt you in due time."
1 Peter 5:6

But of course....

The court ruled Friday that Hall had no standing to sue the chancellor of the system he oversees. That likely brings an end to Hall’s last high-profile fight on the UT System board.

Hall had been seeking access to confidential student records. But Chancellor Bill McRaven had state authority to deny it, the court ruled. And since the state has immunity from most lawsuits filed in state court, Hall couldn’t sue, the court ruled.

Still, as Justice John Devine wrote in his opinion affirming McRaven’s victory, the court is “not unsympathetic to Hall’s plight.”

“He seeks information to educate himself and his fellow regents about issues of undeniable importance to the institution,” Devine wrote. “Facts are the greatest ally of those, like Hall, who seek to change the minds of others.”

But Devine said the court is “at the mercy” of the decision made by McRaven.

“Perhaps that scheme is unwise. Perhaps it elevates the status quo above transparency. Perhaps it increases the likelihood that voices in the minority will be stifled. And perhaps it presents none of those dangers,” he wrote.

“But those questions are beyond our reach; the Legislature is the ultimate arbiter of policy at the University of Texas.”

On the other hand, the fact that the Justices had to resort to a farce like 'sovereign immunity' to create this ex post facto justification for the U.T. politburo is a small victory in and of itself; learn more about the history of 'sovereign immunity' in Texas here.

It just is what it is; we will leave Governor FoxNews Abbott, Chancellor McRaven, President Fenves, and the soon-to-be reconfigured Board with one piece of unsolicited advice (which they won't follow): Tread carefully in victory.

Bottom Line: This case has always been, and remains, dirty politics on the level of House of Cards.  That it will end with a John Roberts/Obamacare style chickenshit rationalization for a predetermined political outcome is, in it's own way, fitting.  But nothing that happened this week changes the fact that both the campus culture and the economic foundation at the University of Texas are unsustainable over the long run....

'Stop Brainwashing Me;' An Open Letter to Karl Rove

Dear Mr. Rove,

Last night, I had an interaction with a government major at the University of Texas, which I chronicled on Facebook:

Random UT Student: All the great Presidents were Democrats; FDR, JFK, Lincoln.

Me: Actually, Lincoln was the founder of the GOP.

Random UT Student: You've gotta stop letting Karl Rove brainwash you.

Mr. Rove, please stop brainwashing me.

We have met three times.  The first time, on November 5th, 2004, was on a D.C. Street kitty corner from the White House; I was the Bob Novak intern who congratulated you on President Bush's re-election three days earlier.  On St. Patrick's Day 2010, I attended your book signing in San Antonio.  Two months later, on the day of the flash crash, I was at a dinner you did for KLUP in San Antonio.  I'm not sure if you put something in my drink, or if you used some sort of cosmic mind rays, but I don't appreciate you brainwashing me.

I believe George W. Bush's education policy was an unconstitutional intrusion into state sovereignty.   I believe the rise of the Muslim Brotherhood across the Middle East undercuts the central premise of George W. Bush's 'Freedom Agenda.'  I believe Chief Justice John Roberts, a George W. Bush appointee, MUST be impeached.  I believe Henry Paulson illegally violated his fiduciary responsibility to American Taxpayers.  Obviously, Karl Rove, YOU brainwashed me into thinking this.

Why are you brainwashing me Karl Rove?!?

Why are you making me believe falsehoods like Lincoln being a Republican?!?

With all due respect Karl Rove, please stop brainwashing me.

Sincerely,
Adam Cahn
Austin, TX
August, 24 2012.

Right Online: Independence Day Posts

The RightOnline e-mail group has been trading Independence Day posts this afternoon, these are ALL Awesome:

Sybil West -- Ramparts360
- Dear Government: I Declare My Independence

Warner Todd Huston -- Publius Forum
- 236 Independence Days and Counting: What does it all mean?!?

Rick Sincere -- Rick Sincere Thoughts (Author's Note: He also has video from RightOnline Speakers)
- Marking Independence Day with Ronald Reagan and John Quincy Adams
- Congressman disses my call for Investigating John Roberts for Impeachment (Author's Note: I'm not going away on this one, and I'm perfectly willing to see you in 2014/15)

Steve MacDonald -- GraniteGrok
- It's one thing to declare Independence, it's another to entirely have it
- Resolve to be Free From Tyranny

They're all awesome; I highly recommend all!

Texas Attorney General Greg Abbot on Obamacare

I just sat in on Americans for Prosperity -- Texas conference call with Texas Attorney General Greg Abbott.    Attorney General Abbott was one of the plaintiffs in the Obamacare suit.  Some quick hits:

• "The New Taxing Authority will Empower Congress in an almost unlimited way" -- This expansion of the Federal Taxing power essentially allows Congress to tax you for ANYTHING.  While Congress may not be able to regulate economic inactivity under the commerce clause, they can tax that same inactivity to achieve the same result.  For example, one of the callers asked Attorney General Abbott if Congress could now require us to purchase an 'eco-friendly' car and tax us if we didn't; according to Attorney General Abbott, they could.

• No Judge prior to Roberts had ruled the mandate a tax -- Just further proof of how Roberts made the whole thing up out of thin air.

• If the Mandate is now a tax, then it's eligible for Reconciliation -- Confirms something that I already knew, but it's important because it means that we only need 51 votes in the United States Senate to repeal it, instead of 60.

• There may be some aspects of Obamacare in which Texas can refuse to participate -- According to Attorney General Abbott, Texas can refuse to participate in the Exchanges and the Medicaid expansion.  He said he expected we would hear news on these areas shortly.  He also said they would go back and seek to figure out other ways to get Texas out of this program.

• We've already filed a lawsuit against the infanticide mandate -- Texas has already filed a suit against the infanticide mandate that is currently working its way through the courts.  Attorney General Abbott's office will continue to investigate new ways to challenge Obamacare in court.

Ultimately, this comes down to the voters.  While Texas might be able to alter the law at the margins, the easiest way to get rid of this thing is to just elect conservatives in sufficient number.  Onward to November....


Update: Will Lutz has More....