Wednesday, February 2, 2011

U.S. Senate Debate on Legality of Obamacare Heats Up; Senate Rejects Repeal

Once again Senate Democrats ignore the will of the American people and reject a repeal of the over-reaching and unconstitutional Obamacare health care reform bill.  The Senate vote on the full repeal of the American Patient Protection and Affordability Act failed 47-51, along party lines.  All Senate Republicans voted for the repeal, while all Democrats rejected the repeal.

While the Senate killed all hopes of a Congressional repeal of the Obamacare bill, they did pass a full repeal of the 1099 reporting of requirement for medical business purchases of equipment worth $600 or more.  That amendment sponsored by Democrat Senator Debbie Stabenow, passed 81-17.  Senior Delaware Senator Tom Carper voted against the repeal (and business), while Freshman Senator Chris Coons supported this repeal.

On the full repeal, Democrats fail to recognize that the individual mandate already validated by the Florida Federal District Court, is unconstitutional.

The battle over the legitimacy of this over-reaching bill will be done in the courts and at the state level.  The court battle either go directly to the U.S. Supreme Court, or through the Federal Appeals Court first.  Regardless, the U.S. Supreme Court will ultimately decide the fate of this bill.  The state battle will be in each state legislature (or those willing to take this on), where they will pass bills invoking the 10th Amendment to deny compliance. 

Either way, the will of the American people last November have spoken, and repeal of this bill is inevitable.

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