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Federal Judge Roger Vinson of the US district court of Pensacola Florida has ruled that.
-- aspect of obamacare unconstitutional.
And as a result these invalidated the entire law.
And while this is a tremendous victory for states' rights -- for fidelity to the constitution.
He did not create an injunction to the law he didn't say the federal government you may not enforce it while it works its way through the courts so this legal battle will go forward.
Until the Supreme Court here is that it has the final say.
But does the law makes sense from a financial standpoint without the individual mandate.
Or where it would insurance companies go bankrupt if only sick people signed up for it.
Here to discuss or my freedom fighters America's nightly scoreboard -- by Fox Business colleague and Fred David -- Roosevelt institute fellow -- are more at America's Future Foundation chair Camille Foster David you first -- there even be.
Mandatory health insurance.
If not everybody is required to buy it in other words when this thing collapsed like a house -- there's you know they don't have -- from -- base and that's why the judge said because.
-- -- -- the individual mandate.
On several -- from the act itself the act is -- you cannot separate that mandate from the act otherwise it won't work the judge said that I know that the ruling is only a couple of hours old I don't know if you had a chance to -- it -- 78.
But how does -- pro Obama care community feel about this we've -- for federal judges rule.
Two said it's constitutional.
Two said it's unconstitutional.
Oh what does the community that wants this stuff think.
Well we think ultimately this judge is gonna be in the minority in the Supreme Court is gonna have to decide that what we think is that you need a big pool of people to make insurance -- the private industry has really failed the private market -- failed.
An American pay too much for insurance is too much of a burden on taxpayers and businesses and the only way it works is that -- -- -- -- even if everything that.
Lynn said is correct is.
Any of this the concern of the federal government can -- this is obviously not constitutional.
If if anything comes out of -- that is that.
It is going to be the fact that we get to have a conversation about the commerce clause we get to deal with the fact that the interpretation that we had -- overly broad if the government can mandate.
That we purchase insurance by virtue of the fact that we're breathing and they can make -- that absolutely.
Without getting too into the weeds about about the commerce clause here's what judgments and said and the congressman meek you eat broccoli that's -- -- -- -- But -- different right right -- -- and and -- you know we laugh about it because some people love broccoli and some people -- -- -- -- this thing I think they -- the idea is it's the same idea if if the government says we have the right because there's such a cost individual's sickness we have the right to mandate that everybody has to join us pull it.
If we do that that why can't we say.
Because we know broccoli makes you feel better and it it it it really delays any onset of sickness you -- theme park all right -- can the government just be this big hearted entity that.
Is sorry for people because they get sick and don't have health insurance -- does that.
-- follow the rule of law which it took an oath to uphold called the constitution.
Well I think that Hitler could argue that the -- constitutional that the government has the right to tax Levy taxes and it has the right to intervene in interstate primitive.
The president say this wasn't attacking all court judge Alito couldn that was -- big -- of the constitutional.
Said that this is not a tax it's a penalty well there's attacks applies to everybody.
This you will pay for what he wanted or not only applies to those who don't go out and buy it.
Well it's it's not individual mandate in this that the you do have an option not to by the -- have to pay 700 dollars or sent to federal government but it felt if I decide not to be 700 dollars I go to jail that's not an option idiocy -- -- Well it's it's very difficult to say unfortunately for -- opponents of Obama care there's still a massive uphill battle here I think eventually.
Eventually it's likely the -- will continue to stand.
I'm we really missed an opportunity the Democrats did not want to have the constitutional argument -- remember when a reporter asked mrs.
Share in the constitution it's authorized to Jim replied by saying -- serious.
So might this decision.
By judge -- today and the decision by judge Hudson a few months ago actually stimulate thought what is the proper role of -- congress and our lives debate which we didn't have last year I hope so I sure hope so that would be the best thing about our.
Shifting gears guys the senate Ted GOP brouhaha the Tea Party caucus members about the filibuster -- -- in the debt ceiling.
Unless they get a balanced budget amendment in the constitution.
That would require a two thirds majority each house he -- three quarters of all state legislatures to sign off on such an amendment.
The establishment Republicans in the senate plan that's unrealistic and they're demanding.
In terms of fiscal responsibility.
So where do we go with this one guys.
Does that government have any business raising the debt ceiling and borrowing more money Camille well it's happened about a dozen times in as many years this is whether.
Rubber really hits the road for the Tea Party here are are they going to be able to stand on principle.
And actually keep the federal government from further mangling the budget.
I'm I would Barack Obama by the -- Barack Obama of 2000 -- I think it's terribly irresponsibly.
If you raise the debt ceiling more they're gonna spend what do you think happens to Republicans especially those Tea Party Republicans who except Christmas tree ornaments and do vote.
To raise the -- it's going to be very look what happened to Scott Scott Brown for Massachusetts already.
Voting in favor of spending voting in favor of the financial regulation monstrosity which is complicates our life much more than it was before.
They're gonna pay a price is -- a political thing -- in other words as David points out Senator Obama.
Hope will believes that government spending produces wealth an argument I think history rejects that logic -- but he believes that.
Voted against raising the debt ceiling because it was requested by a Republican president.
Will Democrats who believe in big government spending vote against raising the -- -- Well that this time around -- they vote for it just because it's a democratic president asking for it.
I I think this this political theater and I think it's -- wonderland and this -- the Tea Party -- you know economics and we've got pat Timmy as the mad -- none of this is -- reality -- for -- I agree with senator Graham when he says we we've we've got to stick to reality here.
The US government is not gonna default on its -- -- So we have to default look from a -- on -- proposal.
And congress and the -- -- proposal which we just heard about which says.
Pay your debts first and not think that the fantastic recommendation and fortunately I'm I'm not certain that we're gonna get an outcome that we like here Republicans have bad taste in their mouth.
And the administration is already laying -- -- isn't this almost the last chance that the Republicans have to prove that they are fiscally responsible.
And isn't this really the tell all -- right here isn't this a line beyond which they can't.
I guess I agree and a lot of people -- to John Boehner when the Tea Party movement came in in the elections last November it said and -- speak.
Draws a line is clearly -- senator Mitchell has senator Mitch McConnell has in the senate right John Boehner has to draw lines similarly here in congress should be doesn't do it I think he's toast in the next election I don't think there's anything that the president could give the Republicans that would justify their voting to borrow more money you know no it's it's it's like saying to an alcoholic I'll give you one more drink if you promise not to drink anymore tomorrow got it got.
-- -- more.
Communal Foster David has been thank -- -- giants pleasure it.
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