Tea Party Patriots Bringing the Conscience of America to Washington DC
OBAMACARE IN THE 4TH CIRCUIT COURT OF APPEALS
On May 10, 2011 the federal appeals court heard 2 cases concerning Obamacare. AG Ken Cuccinelli argued Commonwealth of Virginia vs Kathleen Sebelius and Matt Staver of Liberty Counsel argued Liberty University vs Timothy Geithner. Listen to the official audio of the oral arguments released by the Court here: http://www.ca4.uscourts.gov/OAaudiotop.htm
During the Liberty University case, Liberty Counsel's Matt Staver asked if Obamacare is affirmed as legal, "Where do you draw the limits? What can the government force you to buy?"
The Acting Solicitor General for the U.S. offered up a stunning view of the government's authority under the Commerce Clause. In his view the government has the power to regulate anything, or force you to buy anything, if it addressed a national problem. In response to a question asked by the 3 member panel, referencing an earlier case, he responded "Could they possibly require the purchase of wheat?" he said. "The answer is yes."
In arguments for the Virginia case, Attorney General Ken Cuccinelli argued that it is beyond the power of Congress under the Constitutions Commerce Clause to "force people to buy a product".
He has also stated that "This is why I have said all along that this is about liberty, not health care," and that "The insurance mandate penalizes people for not engaging in commerce. In other words, you can get fined for doing nothing.
"Virginia has also argued that the penalty the government wants to charge if you do not buy health insurance is not a tax. The government cannot start calling the penalty a tax to try to make it legal under Congress' taxing authority. Congress and the president passed it as a penalty, not a tax; it works as a penalty, not as a tax."
A decision is expected in both cases within 6 to 8 weeks. Regardless of the decision, both cases are destined for a hearing before the Supreme Court.