AUGUST 14, 2011
BRUCE A. BRENNAN BLOG FROM THE WORLD AND MY MIND
The news as I see it and the views as I want them.
August 14 is … National Creamsicle Day
It is finally official, Rick Perry is running for the Republican nomination for President. In this story from HuffPost, Tim Pawlenty is not mentioned as a candidate. Perhaps he should get out. Perry, 61, was to visit New Hampshire, the first-in-the-nation primary state, later Saturday before stepping onto Iowa soil Sunday.
The leading GOP candidate so far has been Mitt Romney, a former Massachusetts governor making his second run for the nomination. With perhaps the exception of U.S. Rep. Michele Bachmann (R-Minn.), no one in the field has managed to raise the kind of enthusiasm among conservatives that seems to surround Perry.
Among the others in the race are former Utah Gov. Jon Huntsman, former U.S. House Speaker Newt Gingrich, U.S. Rep. Ron Paul of Texas, former U.S. Sen. Rick Santorum of Pennsylvania and businessman Herman Cain. I am not sure the Texas governor is a viable national candidate but he adds pizzazz to a campaign being lead by Mitt Romney
On Friday, a Federal Appeals Court in Atlanta struck down the mandate in Obamacare that individuals must buy insurance from private companies from birth to death. This ruling is going to be appealed. The law that took up so much time and energy to get through Congress while this country was falling down around us is not approved of by over 50% of the population. Still President Obama and his cronies will spend billions of dollars we do not have to salvage a law no one likes. If Obamacare falls by the wayside, President Obama would have accomplished nothing in his three years in the White House.
A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties. The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, which is considered the centerpiece of the law, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
Government attorneys can – and likely will – ask the full 11th Circuit to review the panel's ruling. They also can appeal to the U.S. Supreme Court, which many legal observers expect to have the final say on the issue. The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power." "What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said.
Circuit Judge Stanley Marcus said in a lengthy dissent that the majority ignored the "undeniable fact that Congress' commerce power has grown exponentially over the past two centuries, and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy." The 11th Circuit isn't the first appeals court to weigh in on the issue. The federal appeals court in Cincinnati upheld the government's new requirement that most Americans buy health insurance, and an appeals court in Richmond has heard similar legal constitutional challenges to the law.
But the Atlanta-based court is considered by many observers to be the most pivotal legal battleground yet because it reviewed a sweeping ruling by a Florida judge. U.S. District Judge Roger Vinson's ruling not only struck down a requirement that nearly all Americans carry health insurance, but he also threw out other provisions ranging from Medicare discounts for some seniors to a change that allows adult children up to age 26 to remain on their parents' coverage.
The states urged the 11th Circuit to uphold Vinson's ruling, saying in a court filing that letting the law stand would set a troubling precedent that "would imperil individual liberty, render Congress's other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states." On Friday, the National Federation of Independent Business, which joined the 26 states in the challenge, urged the U.S. Supreme Court to strike down the rest of the health care overhaul. The federation has argued the federal health care law would cost small businesses millions by forcing them to provide health insurance for employees.
"Small-business owners across the country have been vindicated by the 11th Circuit's ruling that the individual mandate in the healthcare law is unconstitutional," the group said. "The court reaffirmed what small businesses already knew – there are limits to Congress' power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far."
“Spend, spend, spend, more government, more government.” Should be a Obama campaign slogan. “Screw the working man; take, take, and take. I am like Robin Hood. Just call me Obama in the Hood.”
Just a couple of thoughts I had and you should too or at least think about.
BRUCE A. BRENNAN
DEKALB, IL 60115
COPYRIGHT 2011
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www.ebookmall.com (Do search by my name or book Title)
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Book Titles:
Holmes the Ripper
A Revengeful Mix of Short Fiction
"People always call it luck when you've acted more sensibly than they have." - Anne Tyler
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