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  • Morning Bell: Another Victory on the Road to Repeal

    Last month at a town hall in Hayward, Calif., a constituent asked Rep. Pete Stark (D-CA) about Obamacare: “If this legislation is Constitutional, what limitations are there on the federal government’s ability to tell us how to run our private lives? … If they can do this, what can’t they?” Stark, a long-time advocate of government-run health care, gave an honest yet troubling answer: “The federal government can, yes, do most anything in this country.”

    Yesterday a federal court in Virginia agreed with the logic, but not the Constitutional understanding, of Stark’s view of federal government power. In the first substantive legal ruling on President Barack Obama’s health regulation law, U.S. District Court Judge Henry Hudson held that the Commonwealth of Virginia raised a valid substantive theory to challenge Obamacare and that its democratically passed Virginia Health Care Freedom Act provided it standing to challenge the federal individual mandate. On the issue of that mandate, Hudson wrote: “Unquestionably, this regulation radically changes the landscape of health insurance coverage in America. … No reported case from any federal appellate court has extended the Commerce Clause or the Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce.”

    Echoing the court’s ruling, Virginia Attorney General Ken Cuccinelli said: “This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution.” And it is becoming more and more clear that Obamacare makes it next to impossible for Americans to even track, let alone check, federal power. While the Joint Economic Committee released a report showing that the President’s health law created an impenetrable web of at least 47 new bureaucratic entities, a CRS report from earlier in the month drew an even starker conclusion: “The precise number of new entities that will ultimately be created pursuant to PPACA is currently unknowable.”

    How are the American people supposed to check the power of the federal government if even the official research arm of Congress cannot keep track of all the bureaucracies Congress creates? It can’t. The CRS report goes on to say: “Under the new law, the Government Accountability Office must appoint at least 83 new members to six new boards. It is unclear how GAO will be able to independently audit these entities when the [Comptroller General] has appointed their members.” And the matters these new bureaucrats will be regulating are not minor. One such entity, the Independent Payment Advisory Board, is empowered to make Medicare payment policy, including which procedures (like mammograms) the federal government will or will not pay for. And the President insisted on making the IPAB’s decisions virtually impossible to overturn.

    As long as President Obama is in the White House, full repeal of Obamacare is not possible. But its web of undemocratic, unaccountable bureaucracies can be defunded. And that is exactly what conservative candidates across the country are promising the American people they will do. This is a good first step, but it is not enough. The Obama administration will stop at nothing to protect the expansion of government. Just last week it wasted $700,000 of your tax dollars on a national cable television propaganda campaign promoting the President’s new law. In the ad, celebrity Andy Griffith tells American seniors that under Obamacare “like always, we’ll have our guaranteed [Medicare] benefits.” But as documented by FactCheck.org, “the truth is that the new law is guaranteed to result in benefit cuts” for the 10 million seniors currently enrolled in Medicare Advantage plans.

    The American people are already fighting back against these tactics, and they are winning. In total, 33 states have mounted legal and legislative challenges to Obamacare. The American people are going to continue to fight this intolerable act in Congress, in the courts and in the states. It may take some time, but they are going to win.

    To see how our sister-organization Heritage Action for America is responding to Obamacare, click here.

    Quick Hits:

    Posted in Ongoing Priorities [slideshow_deploy]

    44 Responses to Morning Bell: Another Victory on the Road to Repeal

    1. richard, south carol says:

      Hurray for Judge Hudson. Finally one judge that actually understands the Constitution and the limitations of the Federal Bureacracy.

    2. Richard Morton IL says:

      Finally, someone is standing up to the madness coming from our federal government. Why are only 33 states challenging this law. I live in a state controlled

      by one party. My state is not yet on board. We will see after November.

    3. Diane, NJ says:

      Being a middle aged white woman, I cannot fully express my gratitude to those who have the wherewithal to protect we who supply the feds with our earned incomes. Thank you from the bottom of my heart! When obama presented this death bill to the public, I was sickened, head to toe. I want the muslim out of the oval office ASAP. Impeachment, anyone?

    4. ThomNJ, New Jersey says:

      When are we going to revolt against this government, and by that, I mean that we absolutely must impose term limits, get rid of some of the perks that legislators enjoy and once again, make them servants of the people. These folks go to Congress to become rich – why is that? Not only do we need to clean house in Congress, we need to disassemble a lot of the government. There are far too many agencies now, even without obamacare, and far, far too many unelected bureaucrats making laws. Congress has given law-making power to others, and that is completely wrong.

      How many of you out there know that there is a 3.8% federal sales tax to go into effect on the sale of your house (next year, I think), and now the US Treasury is considering a 1.5% mortgage fee for all new mortgages in order to help fund the bad loans that Fannie and Freddie bought. So now Treasury officials can levy a tax also?

      There is a lot of house cleaning that we need do.

    5. Donald, NC says:

      Ask each True American against Obamacare to donate $1.00 to the court fight to repeal this unconstitutional Obamacare. Be it by newspaper ad, internet or radio.

    6. Lwesson, Tejas says:

      This Federal Tyranny is so over the top that it is laughable but many are not laughing and see the Federal Government taking the final steps to total control.

      In the 19th Century over 600,000 lives were lost in a war against the same thing. The Federal Government emerged from that blood ridden contest as a dictatorial power rendering the original concept of The Republic into something that the Founders would have found abhorrent. Now over the course of 150 years, we now at last see the Federal Government take off the last covering of gloves, the last veil and We The People get to see our master as never before.

      Can the various States once again take a stand? Can the States achieve a level of willpower to simply say NO should the Federal Courts side with the Federal Government? How timely that 150th anniversary!

    7. Mary.... WI says:

      I don't want to be a pessimist but it seems like any time the right thinks they have won over an Obama "ruling" it comes back and hits the right between the eyes. I would love nothing more than to see this healthcare bill, financial reform bill, and the other junky bills this man has signed into law repealed quickly.

      I know 2 people so far with Medicare that have already had payments for treatments they've been receiving for years and years stopped this last month! I'm sure there's more to come, so shame on you Andy Griffith for falling hook, line and sinker for this game of lies BO and the administration is playing.

      It's interesting to watch our judicial system at work but it takes so long! I also applaud all the organizations and state attorney generals for their perserverance to save this country from further "destruction". I'm praying for COMPLETE victory.

    8. BobPDX says:

      Now we watch as Americans begin to take back our country.

      It will not be easy.

      But we are no longer overwhelmed by the "Storm" of chaos. lies, name calling and propaganda.

      November is critical for us, then 2012.

      Remember this for 2012, Hillary is not a satisfactory replacement for Obama, they are the same.

    9. Ray Davenport Portla says:

      More elected republicans need to sign on to repeal. Some seem to be running scared.If they can't stand up to the Democrats wait until they feel the heat from their own party.

    10. toledofan says:

      I think that this is a very good start and, hopefully, the momnetum will carry through the November elections and beyond. It's too bad all 50 states haven't mounted legal and legislative challenges to Obamacare, but, at least we have some good positive steps in place. I guess if the healthcare bill was that good and benefited all they wouldn't need any infomercials to sell it.

    11. Ben C. Ann Arbor, MI says:

      To paraphrase Thomas Jefferson:

      "A government big enough to give you anything you want is strong enough to take everything you have".

      Be afraid – very afraid for your freedoms.

    12. Bette Overk, Bridgew says:

      KEEP THE PRAYERS COMMING, WE HAVE A LONG WAY TO GO, BUT FINALLY A LIGHT AT THE END OF THE TUNNEL. PRAISE GOD !

    13. Alex Kasich, Cherry says:

      Obviously Rep. Pete Stark does not realize that the government, and ultimately the US Congress which he represents, exists to serve the will of the American people. Not the will of Rep. Pete Stark. His statement “the federal government can, yes, do most anything in this country" proves that he does not belong as a servant of the people and does not deserve the position he holds.

    14. Bob Allsup 79045 says:

      If you want to stop the Banister, all we have to do is make him prove his eligebility to be President, If he can't everything he has signed is null and void. Then we can start anew, and hopefully we will look at the hope for change a little more closely. Not just listen to the beautiful music like the rats who followed the piper right into obelivian.

      We have started to wake up now lets make our move before it is to late and we have Dictator BHO.

    15. Brad, Detroit, MI says:

      How many jobs were "Saved" by the Propagandist-in-Chief spending $700,000 of our taxpayer dollars to create an ad campaign selling something that has already passed ? What a complete waste of money ! This huckster just doesn't get it. You can't put lipstick on a pig and call it a Prom Queen. We don't want the government sticking their nose in private industry more than they already do in the guise of "regulation".

    16. Michael Paules (York says:

      How can an individual and helpless citizen, other than our vote in Nov, help in this fight against Obamacare ?????

    17. Carol says:

      I pray every day for the failure of the agenda of this radical leader and both houses of congress of this great nation . We are being destroyed every day by day.

    18. Sailor Joe, Boyne Ci says:

      Apparently all the omnibus new legislation is vague so that passage of one ensures enactment of the others. What is the big surprise?

      Thes people are better than the Chinese because they have the Mao experience to draw from. First take over education, a long term process. Build a base with the proletariat and minor merchants and some socially conscience big boys for bucks. Get control of the banks. You have a country by the throat. Sell the package by medical reform. When You own the military you are a winner. We almost are there. The Founding Fathers foresaw all this and predicted it would take generations to correct. Observe the former socialist nations. Socialism of all stripes has to lead to oppression of personal freedom, which our constitution so grandly protects, if we can do itor will.

      Education is the key. Read the Federalist Papers, Mao, and Hayek.

    19. James A - Longdrycre says:

      The Judge ruled in line with the Constitution. Now if we can pursue the repeal in time or even later.

      The idea of defunding the bureaucrats is an interium proposal as long as Obama is President. Consider cutting funding of most government departments. Nothing

      bothers a bureaucrat as the threat of no salary. The lot of them are overpaid, compared with the work force that works, by 33 percent or more.

    20. jill -Maine says:

      And even if "We The People" prevail we will have to constantly remain on guard. The enemy never quits, the liberal media never reports honestly and there are too many Americans who don't look at anything critically but just drink the kool-aid.

      I think we are in the end times and it's too late.

    21. Drew Page, IL says:

      Yes, the recent health care "reform" act will affect those over 65 taking Medicare Advantage supplement plans. Previously, these premiums for these plans were subsidized by the government. Under the health care "reform" legislation (Obamacare), this government subsidy will cease. President Obama had called this government subsidy of Medicare Advantage plans "a payoff to the greedy insurance companies". AARP supported Obamacare and all the features in it . Now, all those who carry a Medicare Advantage supplement can pay full price. Yet another stunning example of how Obamacare is going to save you money.

    22. rosemarie douglass says:

      i think it is time for americans to tget obama and his mob out of the withe house,

      if you dont like to wind up as a 3dt world country, obama is a dangers man , i`m

      hoping somone starts to impeache obama soon , and get all tose fudy dadys of carrir politishons out,

      america you lucky to be eble to have a greath country,

      wy are so manny americans hathing this country, wy , wy

    23. Ted Stein says:

      I agree. They should focus on getting into office to reverse the misplaced policy initiatives of the present Democrat majority. This will accomplish two things. First, they can reverse the Healthcare initiative by not funding it. Second, they can continue the momentum of ousting incumbents by writing and passing term limit legislation. You've got my future vote.

    24. Ron, Derry NH says:

      It is painfully obvious and clear that the democrat/socialist party of America has every intention of subjugating the economy to federal centralization and bureaucratic entanglements to insure free will is locked up in mandated procedures that gratify the federal order.

      The guise of Health care was and is a tactic of the Democratic socialists of America or previously Germany, to entangle the economy with legal traps well beyond the health care it advertises as its goal….Its goal is economic strangulation to federal mandates. It is inches from succeeding to dismantle free enterprise, independence and economic choice and especially states rights.

      The people that don't oppose this are waiting to see how far Obama can go to collapse our economy on the hopes that the evidence of history is untrue….when pigs fly….Histories repeated paths bring the same folly. We are seeing Hoover like economics, with Hitler like salesmanship and lies like any good socialists would do to fool people into serfdom.

    25. Blair Franconia, NH says:

      Let's get the beer on ice and prepare for a victory over Obamacare.

    26. Dennis Georgia says:

      I can we get anyone to say marxist,socialist or communist??? Is this what America is coming to in the near future, will obam become another chavez, will we become venezula? I bet thge people there thought it would never happen too, but it did. People wake up, the polls will open in November, we must take this country back, or loose it forever. It can not happen is happening before your eyes. I am just glad that one Federal Judge finally saw the light and took a stand.

    27. Fred, Los Angeles, C says:

      Thank you, for your positive outlook on this issue. I have been worried for my country, my countrymen (and Women) and the fate of our wonderful country. Next to the bible the Constitution of the United States of America is the most important document known to all mankind, followed by the Declaration of Independence. I could only hope that these documents will be mandatory education in every school in this country. I am amazed at the foresight our founders had. I can only ask one question "How did they Know?" what evil could hood wink the people and suppress this great country. Strict interpretation of the Constitution is what made this country great and will save us from this tyranny.

    28. KLIMAX Baltimore, Ma says:

      I would love to hear NObama's explanation on how NObamacare will save OUR country money !!! With all these hidden costs for salaries, benefits, and of course retirement for these board members, their aids and assistants, paying for office space, Etc. will cost millions more !!!! You know how Government operates each board member will build their own Kingdom costing millions for each one !!! This is tip of the iceberg 95% of these types of expenses are still hidden some where in the thousands of pages of the bill !!!

      We need to repeal NObamacare before the people are appointed (is there going to be Congressional review??) or NObama takes advantage of the August Break by Congress and appoints the 84+ Board members !!!

      But the biggest thing we, as American Citizens, need to do is push Congress to Impeach Obama before he totally destroys OUR Country !!!!!!!!!

    29. Rae Tatum MO says:

      Here in Missouri we are voting today on whether to obey this health care mandate. We have a Democrat governor and to placate us, he agreed to put it on the primary ballot. I know he is hoping for a light turnout. I hope he is wrong, but you never know. My dumb state passed stem cell research using aborted babies. To my everlasting shame.

    30. Patricia Buffalo, NY says:

      How insulting of Obamacare pushers to believe that senior citizens will identify with the Andy Griffith ad! We can still think for ourselves. To spend $700,000 to have that old "gent" try to convince us that we need his advice is more insulting.

    31. Neal Palmquist says:

      Brad in Detroit,

      "How many jobs were “Saved” by the Propagandist-in-Chief spending $700,000 of our taxpayer dollars to create an ad campaign selling something that has already passed ? "

      You of all people should be able to look around you and see the answer to your question.

      Obama saved jobs from being lost like Obama saved dollars from being added to the national debt.

    32. joan frost, north te says:

      To Mary, in Wisconsin,

      As I recall, Andy Griffith originally gained cinematic cred in "A Face in the Crowd" (l957) as the populist con artist Larry "Lonesome " Rhodes, an ingratiating character while pitching various products and political endorsements, but who had an otherwise amoral persona outside the public view. Art imitating life, perhaps?

    33. Pingback: ADF Alliance Alert » Another victory on the road to repeal of healthcare law

    34. Richard Cancemi, Arl says:

      Has ANYONE thought to challenge the constitutionality of the gov't's impressment of doctors into state service? Has anyone thought that doctors will have their practices virtually taken over (stolen) by the gov't? Has anyone questioned from whence the gov't gets this power?; from whence it can control doctors' salaries?

      Is this no longer a free country with a free economy, freedom of choice, freedom to pursue our own destinies? When will real challenges be given to Comrade Obama and his commisars? We have to stand up to this pompous dictator!

    35. Jeanne Stotler, Wood says:

      I think more states will join Va.now that the initial ruling has been made. I have never seen in my 78 years where an administration has tried so hard to ruin this country. God help us, if we don't get out and vote we are sunk, I've already written my Rep. and 2 sens, and reminded them that they work for "WE THE PEOPLE", NOT THE OTHER WAY AROUND. All are going to be 1 term in Congress the way they are going.

    36. John, Four oaks,NC says:

      Isn't it interesting that this so-called health plans is making so many Americans sick…literally sick thinking about the loss of freedoms, Dr/patient relationships,

      our money which could be spent on real health care,etc.etc.

    37. john, four oaks,nc says:

      isn't it interesting that this so-called "health plan is making so many of us americans sick…literally sick over the loss of our freedoms, dr/patient relationship, monies which could be used to apply to real health care,etc,etc

    38. wayne, san francisco says:

      i would appreciate seeing more background information on your authors and researchers. i realize the political right needs little except inflammatory rhetoric to elicit the desired response from their uninformed followers, but information on their education and work in the field would help to convince the rest of us.

      • Brandon Stewart Brandon Stewart says:

        @wayne Please visit heritage.org for more on our research. You'll be able to access all our materials along with biographies of each of our analysts.

    39. Jackson, Denton TX says:

      Now we know what the "Yes We Can" mantra was about – Yes, we the govt CAN and WILL control you all. With all the socialist legislation they are jamming down our gullets they are apparently out to prove it.

    40. Michael L Morgan,D.S says:

      In my 47 years of experience in numerous court appearances, it has been my observation that the honesty & integrity of officers of the courts have incrementally

      declined with the mores of society. Further, that there are more honorable judges than attorneys, as indicated by this day's several decisions deemed newsworthy by the "media".BTW, I recently inquired of the bar associations whether they could refer to me a lawyer who was not a crook( I may have had Nixon in mind)They could not!

    41. Dan McClure, Tulsa O says:

      1 State down, 49 to go!!

    42. Marma Jean Fleck, Mi says:

      It's too late in my life to move to one of the States with enough to insight to see Obamacare as the disaster it is, and do something about it.It is my misfortune to live in Nevada, ruled by Harry "The war is lost" Reid where the Democrats are turning this" Battle Born" State into the BATTLE LOST" one as rapidly as they can. Now Ol' Harry has managed to get 170 mil. released to our State for Education and….. Medicaid..how magnanimous of him…just in time for his re-election campagn.!!! A memo to EVERYONE: REVOLT>>>VOTE NOV.2nd.

    43. Kris Missouri says:

      We voted handily to stick the deathcare bill right back in Nobama's face! More states need to do this! We Missourians started it and you all need to join the party! Join in before the deathcare bill kills you, and it will by denying treatments that will save you because they are to expensive. Instead they will give those to the illegals and themselves and the "comrades" who can perform and earn them money to keep them in their lavish life styles! Don't let these communists win and turn our country into a 3rd world country!

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