by Van Irion, Esq. - This essay is reposted with his permission.
As an attorney you learn a little about negotiations: ask for more than you plan to get, including an outrageous demand far beyond what you have a right to ask for. Your outrageous demand acts like a lightning rod. The other party in the negotiation immediately focuses on your outrageous demand, telling you all the reasons it’s excessive. Of course you already know all the reasons they point out, but now your other requests (what you really want) seem much more reasonable and may be forgotten all together. Plus, you never know, you might get the outrageous item as well.
That’s why Obamacare included the individual mandate. The individual mandate was Obama’s "Lighting Rod". It was the outrageous overreach that they knew they’d probably never get to keep. I’m sure they’d like to keep it, and they hope to do so, but it was always intended to be their throw away. And it's working.
All the other lawsuits challenging the Constitutionality of Obamacare focus on the individual mandate. Only Liberty Legal Foundation’s Obamacare Class Action argues that ALL of Obamacare is unconstitutional. Yes, the individual mandate is outrageously unconstitutional. But it’s just the worst part of a big unconstitutional mess. Because all the other lawsuits focus on the individual mandate, the courts are also all focusing on the individual mandate.
You see, by creating such an outrageous part of Obamacare, the Obama Administration caused all the States and other litigants to give up their objections to the rest of Obamacare. It’s a brilliant tactic that has fooled most of America. Fortunately, all of you, the members of the Obamacare Class Action lawsuit, have avoided Obama’s trap. We’re keeping our eyes on the big picture. We will not be distracted by Obama’s slight of hand.
When Obamacare reaches the Supreme Court, Liberty Legal Foundation will be there to make sure that the most important argument is heard. Liberty Legal Foundation, representing all of you, will point out that the Supreme Court has the power to reverse its own precedent. It doesn’t have to follow old rulings like Wickard v. Filburn when such rulings have proven to destroy the clear meaning of the Constitution. We will be the only ones making this point.
Because they’re focused on the individual-mandate-lighting-rod, none of the other lawsuits against Obamacare argue that Wickard itself violates the Constitution. Because they’ve been distracted by the outrageous power grab, all the other lawsuits fail to challenge the biggest lie of Obamacare: That Congress has Constitutional authority to regulate healthcare AT ALL.
We have an opportunity to reverse 79 years of Congressional abuse of power. This abuse of power only became possible after the Supreme Court’s 1942 ruling in Wickard v. Filburn. Please continue to support Liberty Legal Foundation: we will be the only voice at the Supreme Court pointing at Wickard instead of the individual mandate.
“If it’s wrong, it’s wrong, and we are obligated to revisit it... If it’s wrong, the ultimate precedent is the Constitution. And it’s not what we say it is, it’s what it actually says, and I think we have to be humble enough to say we were wrong.”
Supreme Court Justice Clarence Thomas
In Liberty,
Van Irion
Co-Founder, Lead Counsel
LIBERTY LEGAL FOUNDATION
P.S. Two weeks ago we reported to you that the 11th Circuit Court of Appeals had ruled the individual mandate unconstitutional. I’ve finished reading their 200 page ruling and the almost 100 page dissenting opinion. Next week I’ll give you a very brief summary of the ruling, tell you what’s good, and what’s bad. Most importantly I’ll explain why this latest ruling is just another example of America’s slow road to hell, and why Liberty Legal Foundation’s Obamacare Class Action must succeed if we’re going to turn down the right road.
Thank you for supporting Liberty Legal Foundation. Without your generous support, this work would not be possible!
http://www.libertylegalfoundation.net/
Liberty Legal Foundation is an non-profit corporation that relies entirely on donations to continue our fight to restore Constitutional limits on government and overturn flawed court precedent. Please consider making a tax deductible donation to help us cover our administrative and legal costs. You may make checks payable to "Liberty Legal Foundation" and mail to 9040 Executive Park Dr, Ste 200, Knoxville, TN 37923. Donations can be made online by clicking the link above.
I wholeheartedly support Attorney Van Irion and I hope you will too.
Bradley Hennenfent, M.D.
physician & economist
0 comments:
Post a Comment