Awesome job Mr. Lee & Senator McDaniel! I hope many others will follow in your footsteps. Perhaps there is still hope that we can kill the beast after all…

And so the dismatling of the Progressive Agenda begins. Nobody will pay the "fine" even if the bill stands so the thing naught but rot anyhow and was all along. But, we already knew that.

Between the legal challenges and the State's nullification efforts, 0's healthcare bomb is just another mark on his list of grandiose failures.

One good deed by elected officials. These folks do not need to be voted out. Time will tell on many other elected officials based on decisions they make and actions they take.

Well, there are some straight shooters in office…. stand up for the small ones…. this should get interesting on how BAGHDAD BOB and his band of corrupt spinster will spin this one….I want to see how hig this will go and see if the VIRTIOL and RHETORIC that OBLABLA and his staff will push this…..

Obama is a crook. If his insurance company doesn't perform, he can't be fired. If I pay into this shady healthcare scheme and they give defective service, I can't fire them. If I go to the VA and they do a terrible job, I can pay and go elsewhere.
By the way, aevery one in America has rights to housing, healthcare and groceries. Foior some reason, people think they have a right to enjoy without paying for medicine. Always take an opportunity to correct someone when they claim some 30 million without healthcare. The can pay for healthcare the same places I go.

Mississippi's gain was our (Wash. State) loss. Thank you Mr. Lee for your efforts to defeat this Big Government power grab.

Perhaps if you haven't already, you could get in touch with Wa.State Attorney General Rob McKenna, who is doing battle with Governor Chris Gregoire and the lib/dem legislature here over his participation in the joint anti-healthcare lawsuit being brought by several states.

What is really required is the realization that rights are not granted by the government. They are things that cannot be taken away by the government (such as free speech, freedom to practice your religion, etc.). Taken in that light, obamacare could never be considered a right.

I think I got me a shiver goin' up my leg!
I've always said that they'd have to throw me in jail before I gave the one thin dime to be forced to buy what they told me to buy.
Any Lawyers in Louisiana want to get on with this? Reply below.

I think I finally get it: the US CON'sTITUTION must be different than my edition, surely!
Seriously, to think that the politics in Washington did NOT consult legions of lawyers about the consitutional status of ObamaCare is retarded. But then Southerners are retarded. And just plain evil.

In the first 8 years of this millennium, I had huge disagreements with the politics of our President. Yes, there were times, when my friends said they wanted to leave- but never once had any of us thought of a secession.
That's because we're patriotic, while that Southerners are only conservative.

I hope you got your fees up front, boys, because this puppy is going nowhere.

Uh, part of Congress's logic in compelling this mandate under the Commerce Clause is that the purchase of said health insurance policy is covered under Interstate Commerce.

Beggin' your pardon, folks, but didn't the folks in DC specifically preclude purchase of Health Insurance across state lines? Which is why allowing such a purchase is part of the proposed Republican remedy to this abominable bill?

If true, the reasoning behind the grounds for levying the mandate is completely bogus. "We can cover this because it's interstate commerce, even though we prevent companies from selling their product across state lines"

Gee, if we get anywhere near 3/4 of the states to file, it is over. They concede or we write an amendment that will strip the commerce clause of all it's misuses and tie their hands forever. Hey, not a bad idea…

Anon bass ackward

And your last name is Off

I used to think like you. I wanted to be right so bad, just like you. I wanted to show all these people how stupid they were, just like you. I used to call them names and was really mean to them, just like you. I thought I could make them argue with me instead of discussing the real issues, just like you.

But it just didn't work. They're not like the red diaper babies at huffpo. They always have better arguments than me, and I started to listen to them and learn. I started to read the articles they suggested and before I knew what was happening, I started to agree with them.

So if you value your ignorance; if your arrogance means anything to you; if you have any desire to continue in your dark and deviant psychosis, then please take my advice.

RUN! Run from these enlightened souls. Lest you fall under their spell, and become a rational, thinking human being.

Au contraire, the statute specifically makes it so that the IRS cannot enforce the penalty.

Southerners ain't a race, they are a level of mental retardation (right between "idiots" and "cretins").

Thank you Mississippi for leading the way to restore the Constitution as the framers intended.

Notice is duly given that the people do not agree with your politics, the dirty backroom deals, and the arm twisting that gave way to this monstrosity called Obamacare. The people have grown tired of the lies and the politics as usual, the wasteful spending and the negligence to secure our borders. Out with the traitors and those who wish to redefine the Constitution of the United States of America.

Long live America!
The Home of the Brave
and the Free. Where
Liberty and the Pursuit
of Happiness is not a
man made Right, but a
God Given Right.

God Bless America.

Before Obamacare was forced on the country, I figured out that a person's medical records would no longer fall into the doctor-patient confidentiality catagory. Anyone could have access to that private information. Remember back in the 80s and 90s when HIV/AIDS infected persons were concerned about their diagnosis being leaked? They were concerned about losing their jobs and/or maybe their housing. Add to that their concern about the expensive treatments and the various meds and how they were going to afford them. They really need to be concerned under Obamacare.

There are 50 States. 3/4 of that is 37.5 and I believe there have been 40 states to file cases. The very day it was signed 38 states exerted their states rights and filed suits. 38 States qualifies as 3/4.

We conservatives are unrepresented here in Oregon. The AG and governor have already refused to join the lawsuit brigade. They LOVE Marxism. Godspeed to the rest of you who are able to take part in trying to beat this thing back.

check this out

Florida doctor's sign warns away Obama supporters
Associated Press/AP Online

MOUNT DORA, Fla. – A central Florida urologist has posted a sign on his office door warning supporters of President Barack Obama to find a different doctor.

The notice on Dr. Jack Cassell's Mount Dora practice says, "If you voted for Obama, seek urologic care elsewhere. Changes to your healthcare begin right now, not in four years."

Cassell told the Orlando Sentinel on Thursday he wasn't questioning patients or refusing care, because that would be unethical.

"But if they read the sign and turn the other way, so be it," he said.

Cassell, 56, also provides Republican reading material in the waiting room – probably not a risky move, given that Mount Dora's 10,000 residents and the surrounding area lean heavily conservative. Above a stack of GOP health care literature, a sign reads: "This is what the morons in Washington have done to your health care. Take one, read it and vote out anyone who voted for it."

The Florida Department of Health's Division of Medical Quality Assurance, which investigates complaints and handles licensing, did not immediately return telephone messages seeking comment on Friday.

A University of Florida professor said Cassell is walking a thin line between right and wrong. William Allen, a professor in bioethics, law and medical professionalism, said civil rights protections prevent patient discrimination. But the law only provides for race, gender, religion, sexual orientation and disability – not political opinion.

Allen said Cassell may be within his rights if he doesn't quiz patients about their politics and hasn't refused to see anyone.

"(He's) trying to hold onto the nub of his ethical obligation," Allen said. "But this is pushing the limit."

Cassell has been practicing in the area since 1988. His wife, Leslie Campione, is a lawyer and GOP candidate for the county commission.

Cassell says most patients have been extremely supportive, though three had complained.

"They know it's not good for them," Cassell said.

In a constitutionally compliant perfect world, the entitlement programs would be properly run by locally controlled private or public entities at the discretion of the local communities. Our world is not perfect. I find it curious that people cling to the justification for the health care bill on the premise that we have Medicare and Social Security so it is okay to force me to give more of my money against my measured judgment of the value of the outcome for my investment to support a federal government entitlement program when I am absolutely certain, and can probably prove even to you , that it will be less effectively run than reputable private charities.
I also find it fascinating that the original goal was to control the costs of health care and make it affordable to more people. Costs rose 20% in publicly funded medical care programs over the same period in which they rose around 8% in the private sector, according to a recent data round-up. Those numbers can be Binged, (I no longer Google).
The Manhattan Institute published this in its report; "The empirical analysis presented in this study suggests strongly that the real economic cost of delivering health-insurance benefits under a single-payer system would be substantially greater—at a minimum, roughly double—than that under the current private system. Moreover, the administrative and other net costs of private health-insurance programs are very likely to be efficient in terms of satisfying the preferences of consumers. Such benefits of market institutions should not be discarded lightly."
I understand that this bill does not provide a single payer system, but basic elemental understanding of supply/demand and profit/loss leads us to expect with certainty, an eventual collapse of the insurance programs in this bill. The private sector cannot support the costs of required added service with less compensation. There is no room for profit. Without even the current three percent profit, there will be no private investors, that means no money and the company fails. When the government "bails them out" of that failure, the purpose of this bill will become clear as the government will be de facto providing health care. I have found no other plausible result.
Additionally, the factors which drive up costs are simply not addressed in this bill. Over 150 new federal agencies are being established requiring salaries and legacy costs for those employees. The costs to be controlled are in the medical industry side of the equation, not in the middleman insurance companies. I see that even congress has no desire to take over the burdensome costs of medical research which is astronomically expensive. The cost of doing business for doctors is commonly disproportionate to their current pay, and Texas has a successful tort reform program that could be looked at to lower those costs.
No one mentions that we pay a great deal more for drugs here than in other countries because the drug companies can make up their losses incurred by selling under market price to France and Canada, as examples, by charging more to Americans.
I don't recall the exact number, but after this is fully implemented there will still be 7-12 million people uninsured. As we originally heard, those who were legally here and unable to provide for their own care was estimated to be 7-12 million. Without knowing more, that this bill successfully addresses that issue is a matter of blind faith.
I submit that this bill is not designed to lower the costs of health care. What it is designed to do besides grow the federal work force is yet to be proven. However, you don't have to be Einstein to see a freight train coming down the tracks.

Get your local Tea Party to find a conservative constitutional lawyer in your area to bring this suit. You can join as a private citizen plaintiff, assuming that the standing is viable.

I would like to add the fact that Obeymecare is also discriminatory due to the 10% tax on tanning salons. How many black people frequent tanning salons? My guess would be zero. Can you imagine what the Black Caucus , NAACP,
Acorn, or any other organization would be doing if this legislation imposed a tax on a service or product that
was only used by blacks? They would be screaming from the rooftops led by none other than Al Sharpton and
Jesse Jackson. Of course, no one dares talk about this particular item because it might be construed as being
"racist" , and though I am not a fake baker, it irritates the crap out of me that tanning salon users are being singled out
in this manner. Why not add a tax on all sunbathers at the beach as well- at least that way blacks would be included
as they do vacation at the beach?

Good handle, guess no one wants to hire you?

I mean if you actually tried to get a job, and not the kind you offer to old guys in the park

No actually I don't think any of you asshats care a whit about the constitution, or even understand it, but lets ask the dim-o-crat clown crew and see what they have to say

http://www.foxnews.com/politics/2010/04/02/democr...

Patriotic to what? Your free stuff? That's going … going …. gone real soon, will leave then, please?

Kind of like your life?

You mean because of the good and welfare clause?

http://www.foxnews.com/politics/2010/04/02/democr...

Dim-o-crat's next bill is to make talking about stupidity a crime it's called the "Dim-o-crat self preservation bill", I suspect it will be voted on right down partisan lines.

Made me laugh, can't properly attribute, you should have seen the photo shop they did on her head

A major research institution has just announced the discovery of the densest element yet known to science. The new element has been named Pelosium. Pelosium has one neutron, 12 assistant neutrons, 75 deputy neutrons, and 224 assistant deputy neutrons, giving it an atomic mass of 311.

These particles are held together by dark forces called morons, which are surrounded by vast quantities of lepton-like particles called peons.

The symbol of Pelosium is PU.

Pelosium's mass actually increases over time, as morons randomly interact with various elements in the atmosphere and become assistant deputy neutrons within the Pelosium molecule, leading to the formation of isodopes.

This characteristic of moron-promotion leads some scientists to believe that Pelosium is formed whenever morons reach a certain quantity in concentration. This hypothetical quantity is referred to as Critical Morass.

Hey FluffersLoveBo, obama campaigned AGAINST "universal mandates," he didn't "propose" them. He did sign a bill that included "universal mandates," but you say "No one is being forced to buy anything."

So there IS a "mandate," but nobody is being forced. I see. And you want to throw the word "ignorance" around?

I hope you know how pathetic you're argument is.

You have been misinformed. What has been set up under the Commerce Clause are the insurance exchanges which allow persons to purchase insurance across state lines. This is clearly constitutional. The enforcement mechanism is to require a person who does not have health insurance to pay a tax. Under the law, a rational basis for a tax is not required. However, there is a rational basis for this tax because Uncle Sam is picking up a portion of the uninsureds' medical care. This is clearly constitutional.

Besides, don't overpay your taxes in the first place and they can't take it anyway!

How do you know the fat, drug users do not have insurance. After all, I am certain Rusty the Chickenhawk does so he will not be paying the tax. You really need to take a course on logic.

Having Big Bro snooping in all our private medical information is abhorrent to me. I was thinking about this earlier today- the privacy of every American will be compromised by bureaucrats digging into their personal history to make decisions. I want only my doctor to know me warts & all, so to speak.

You must have not read the 29 page complaint. It is really unlikely that lack of activity to engage in commerce can be regulated by the commerce clause which is to reduce issues related to interstate commerce, Healthcare is actually dictated by the states, there are no interstate issues at all. THere are no insurance companies that do interstate commerce it is regulated by the state, so by definition, it in INTRAstate, not interstate. Case closed. We win 5-4 notianally because all the liberal tyrants would normally vote for it. But, Here is a prediction. unanamous because even some of the liberals will realize this is unconstitutional and when there is a 7-2 majority the other liberals will run away from it.

Good Luck with this lawsuit, and thanks for taking it on!

I am not particularly fond of lawyers, but it appears that their day has arrived.

Your take on Southerners there Twinkie,…………

You just may be on to something,……………….

Reading your little tantrums,………Good ol boy Bill Clinton sure comes to mind.

1993 is a year that you have been flapping your jaws for quite a while there Huskhead…..and,………..

you seem to be an expert on it, so let me ask you this and you needn't go to a mirror.

Which party was in control of the House in 1993 and ,…………

what was Hillery Clinton doing at that time,……..now just one more question,……………

was this "Republican universal health care" proposal part of the congressional agenda in 1994.

you do remember what happened in that year don't you,………………..

for one thing Hillery started baking cookies.

[...] Liberty in Action: First Private Lawsuit Challenging ObamaCare Filed in Mississippi [...]

"All you have to do to avoid the tax is not have any taxable income." "It was said with sarcasm."

What you call "sarcasm," I call the logical consequence of authoritarian governmental mandates on businesses and individuals. Businesses will downsize, drop insurance plans, or close their doors, adding to unemployment. The unemployed will have no income in order to comply with the insurance mandate. Formerly middle class workers will join the ranks of the poor. And states will shoulder an increasing burden of caring for the new destitute.

So to answer your first question, "Uncle Sam" will be "picking up the tab" (not with its own money, but money from the tax payers) for an exponentially larger number of the "uninsured" BECAUSE of the effect of the "universal mandates"

As for your second question, I don't give a rat's ass what was proposed (never voted on, never even debated) by the Republicans 17 years ago. I oppose it now, I opposed it then.

As for your third, I don't know who "Rusty the Chickenhawk" is. Is he related to Fluffer the BoLover?

And finally, do I know what a "hypocrite" is. Sure I do. And after having this discussion with you, I've also gained a better understanding of what an arrogant prick is.

Kinda the whole 'victim' mentality that infests everything they say and do!

ha ha ha – poor dense Bo – keep believin'!!

It's sole purpose was for control – look at any country that fell to communism and you will see the method used, it's healthcare – when 'they' control your health (which this pos bill will do) then 'they' can control the people.
It's annoying as hell that there are so many ignorant people with no rational thought to see what is right in front, but rather they choose to be satisfied in their hatred for the imagined rich people being greedy, and dreaming of a life on easy street – housing, schooling, healthcare – woo hoo, such a productive life to strive for!

How anyone who can overlook the obvious is stunning niave, and I hope they wake up soon, they are useless to society and the way this train is rolling, they will be the first to go -

RE: "But then Southerners are retarded. And just plain evil."

Once more Lefties show their bigotry and hate.

Hmm. Maybe you should take a page from your Leftist "morals" and ask yourself, "what have I done that makes them dislike me? Maybe it is my radical Leftist policies. I should go on an apology tour and ask for forgiveness for all of the hatred and bigotry I have shown the American South all of these years…"

CONSIDERING THE BUSH YEARS LEFT US AT NEGATIVE "F" STATUS…Obama is
doing a fine job. He's actually trying to resolve our issues rather
than placing flowers on top of the shyt. No more floral smelling shyt
but actual measurable results. I can see how that could shake people up because they are used to being LIED to. In most cases, a lie is a pill easier to swallow than the truth.

Can anyone get on board this suit?

On what basis is standing asserted? If private citizens have standing to sue right now, I will file my papers tomorrow.

Thanks to Senator McDaniel and Mr. Lee for standing in the gap for Mississippi residents by filing this lawsuit on behalf of our state. Our Attorney General, Jim Hood, needs to accept his responsibility to also file on behalf of our state as Governor Barbour has requested him to do.

Let me make sure I am clear…if the act is "[w]ithout an enforcement mechanism, [then] the individual mandate fails"….there is no mandate? If there is no mandate, then why file the suit?

[...] » Liberty in Action: First Private Lawsuit Challenging ObamaCare Filed in Mississippi – … [...]

[...] (130)  Freiheit in Aktion: erste private Klage herausfordernden Obamacare in Mississippi eingereicht [...]

How to Defeat Obamcare
Kill their Buffalo

"If there must be trouble, let it be in my day, that my child may have peace." – Thomas Paine

Our weapon is our pocketbook and our bullets are our dollars.

In a strategic move to win, save lives and reduce the cost of war, the United States Government destroyed the American buffalo herds to deprive the Indian nations of the resources they needed to fight. It was less costly and less provocative to kill buffalo than to kill Indians. By time the Indian nations realized Americans were not just hunting buffalo for food, it was too late – the buffalo population roaming the continent had been reduced to less than 600 from their original population of more than 60,000,000.

Obama is a master at Adolph Hitler’s BIG LIE method. However, the method is only working for Obama because socialists control the main stream media. The socialist’s buffalo are advertisers. The socialist’s media can only stay in business as long as the American people feed money to their advertisers. The way to defeat the socialists is to deprive them of advertising fees.

Stop feeding the Socialists Media with our money?

Do not purchase products from vendors who advertise on ABC, CBS, NBC, CNN, MSNBC, and or any of their affiliates.

Do not purchase products from vendors who advertised in any newspaper owned by Tribune Corporation or any of its affiliates.

Do not purchase any product manufactured by General Electric Company even if they sell NBC to COMCAST (GE management supports Obama and received billions of dollars of your money from OBAMA).

If COMCAST acquires NBC from General Electric then cancel your COMCAST service until COMCAST fires the entire NBC staff (switch to a satellite Dish or DSL).

Do not purchase any product that is advertised in any magazine owned by Time, Inc., Time-Warner, or any of their subsidiaries or affiliates.

Do not pay to see or rent any movie produced by Disney or Warner Bros.

This is a war being waged on the US Constitution, capitalism, and our way of life by socialists.

Let us at least not help our enemy!

Spread the word of this technique to get it going. Please Help make this into a movement.

Best of luck – and thank you for taking on the tyrant on behalf of America. Vote them out. Repeal it.

Let Freedom Ring! God Bless the Patriots. The south is gonna rise again.

Yeah–Big Tobacco thought the State of Mississippi's lawsuit was BS, too. The State of Mississippi may be known for a lot of negative things, including civil rights and being the fattest state in the union, but we aren't afraid of challenging Big Government, or any individual or governmental agency, when it involves our personal and statutory rights as set forth in the U.S. Constitution and the Bill of Rights. Most Mississippians believe that NO MAN or GOVERNMENT is too big to challenge when they attempt to deny us those rights.

So, out of all the elected officials in the United States I can look to ONE that deserves to keep his job. Very well done, Senator. May others follow your lead.

Many lawyers are not particularly fond of lawyers either. But, without lawyers, there would be no Constitution in the first place.

[...] Big Government: Liberty in Action: First Private Lawsuit Challenging ObamaCare Filed in Mississippi [...]

You are staring at a tree and missing the forest. The lack of enforcement provisions was done ON PURPOSE, specifically to cause legions to go without buying the insurance, thus denying the insuring companies enough income to pay their claims, thus causing their demise, thus justifying the imminent government owned single payer system. It ws the plan all along.

[...] (123)  La libertad de acción: primera demanda privada obamacare reto presentado en Mississippi [...]

Does it take 3/4 or 2/3 ?

I'll be sure to pass on your concerns onto the judges in the federal court for the Southern District of Mississippi, who will be deciding this case, and to the ones in the Fifth Circuit Court of Appeals in New Orleans. We do want to let these Southerners know exactly how the opposition feels.

Do not underestimate the legal minds in our great state. Many have done so, and regretted it. Our legal tradition is as illustrious as our literary one. Do you really think that it is just some random occurrence that Mississippi citizens and Mississippi lawyers are the first to file this unique and powerful class action?

Our tradition of promoting civil rights is a grand one. Just take a brief look at the life of Hon. Charles Pickering, for whom Senator McDaniel had the privilege of clerking for. Lawyers in Mississippi were at the forefront of the fight; they were the guys in the guys in trenches alongside the Mississippians who dared to stand up to Big Government.

It was the government that allowed and promoted the illegal and unconstitutional deprivations of the rights of Mississippi's citizens. It was the government that Mississippi's lawyers and citizens defeated. Our plaintiffs, Sen. McDaniel and I are simply carrying on that struggle.

this lawsuit is a complete joke.

We can force all of the states and territories to join the fight — all it takes is for a few citizens in each state to file a class action. Want to see this happen in your state? CALL A LAWYER.

Our website is not up and running yet, however, I will post docs on my own website Monday, and update here with a link. Thanks so much for asking.

Want to see this filed in Cali? Please contact your local GOP or just start calling lawyers out of the phone book. You can quickly develop leads that way.

"Obeymecare," I like that a lot!

Thanks, my wife and I both enjoyed your comment. We would encourage you to speak your mind amongst your community. Certainly, there must be a Scott Brown type of lawyer who would take up your cause.

Thank you! And, please consider calling lawyers or your liberty-loving groups about starting a lawsuit in your own state.

Want help in starting the next one? Contact me.

Senator McDaniel knows some Texas lawyers. I've dealt with one recently who might have connections. I'll check into it and see what I can come up with.

If you are a member of a conservative group, or if there is one you know of locally or anywhere in the state (and, in Texas, there are many), that would be a great place to start.

[...] See the original post here: Liberty n Action:First Private Lawsuit Challenging ObamaCare [...]

Amen, brother! Anyone who is interested in becoming involved in Mississippi as a representative plaintiff should contact me. We could certainly use some more.

[...] » Liberty in Action: First Private Lawsuit Challenging ObamaCare … [...]

Yes, we do need many, many more elected officials like Senator McDaniels.

GREAT question. There is a complicated answer about how laws can be void for vagueness and how Congress has to spell out how it will enforce penalties. Also, we just don't know for certain whether Congress had something else up its sleeve. Remember, there are thousands of pages. Also, there will certainly be enforcement regulations written at a later date. We need to know how Congress intends to enforce this thing.

Short answer: Our lawsuit is targeted at the mandate. We can take out the mandate by showing it is unconstitutional, we win. If we do it through a court ruling that it is unenforceable, we still win.

You do have standing, please look at the first few pages of our Complaint, above. Actually, I'll have a Word docx version available on Monday, and I'll post a link. You can simply change it to have your own name as a plaintiff. You could even file a lawsuit pro se. I highly encourage you to get started as soon as possible.

Absolutely. If you are in Mississippi, you can be a plaintiff. If you are in another state, I'd love to discuss with you how to start a suit in your own state. You can email me at liberty@leelaw.us, or reply to this reply.

you have raised some very important points regarding medical privacy. When an individual enrolls in medicare there is no inquiry into medical history required. A demographics-only application is completed and one is enrolled. The same pertains to Medicaid. The same pertains to Medicare Advantage HMOs. I think that the New Law allows the government to write rules and regulations to implement this law that will prevent Insurance companies from inquiring as to the state of your health and invading your privacy. After all this information is unnecessary any longer to sell insurance in the US. There is no longer any denial allowed for pre exisiting conditions and no cap on outlays. I think it also prevents the insurance Premium rate from being set based on this type of information. The only conclusion is that your initial premise may be wrong.

If you guys think Mississippians don't need improved health care, then you are fooling yourselves.

Mississippi is ranked:

#1 in Teen birth rates, Heart disease, and Obesity
#2 in Diabetes, Gonorrhea, Infant mortality rate
#4 in Chlamydia
#5 in Strokes
#7 in Smoking adults
#51 in Physical exercise

Regardless of your views political, prompting this lawsuit from one of the least healthy states in the union was absurd.

Actually, I don't. Mississippi or Alabama is where I would expect a suit like this to be filed.

I see your point, but allow me to explain, using my own family as an example. I bought into a group policy so that I could not be denied for preexisting conditions. I still had to provide extensive medical information for me and my family, even though I could not be turned down for coverage under Mississippi law.

Regardless, even Medicare and Medicaid have a right to your private medical information, if you have those forms of insurance. Every health insurer does. People who do not have insurance do not have to give up their rights to medical privacy to the government or any corporation; people who are forced to buy insurance will be forced to give up this fundamental right.

The complaint itself can be downloaded from this page. There is supposed to be a website for the class action up and running next week. These are exciting times, aren't they?

The really big government socialist programs are medicare and social security. Can we get rid of them too?

Our Dear Leader was making comments in Portland:

He told a – largely – cheering crowd of about 2,500 people at the Portland Expo Centre that he was convinced the new measures passed into law last week would benefit everybody and he blasted Republicans for declaring they planned to repeal the bill if they return to office.
‘It’s only been a week, folks,’ he said. ‘Before we find out if people like health care reform, maybe we should wait until it actually happens.’

Yeah, let's wait until 2014, when the mandate kicks in! Sure, that's a GREAT plan, Barry!

Or, maybe those of us who can read, despite having gone to public schools, will make up our mind NOW by reading the law that you signed. Barry, I've read it, and I can tell you, I DON'T WANT IT.

REPEAL THE BILL — IN CONGRESS OR THE COURTS, I DON'T CARE, JUST REPEAL THE BILL.

one problem with the logic of this article and the lawsuit: what about the state and federal mandates to purchase car insurance…forcing you to go to that scary insurance corporation or else you're in trouble! uh oh! when are they suing the federal government and geico? oh yeah, because this is legal, its forcing people to be responsible to themselves and their society. For the same reasons that you can't just buy a car and drive down the middle of the road crashing into other people's cars without restraint, people cannot continue to show up to the emergency room and not pay for the expenses they incur there (which ultimately results in raised premiums for those who do have it). if we all have insurance, we're all responsible.

do you own and drive a car? if so, when are you suing the federal and your state government for forcing you to purchase car insurance. same deal lady, it makes you responsible to the rest of society when you have car insurance. the federal mandate for health insurance makes sure that no one else will be punished when someone shows up to the ER, racks up thousands of dollars in procedures and leaves everyone else with the bill. everyone pays for themselves.

here's some info you're clearly missing. Hitler wasn't a socialist, he was a nazi (which is related to facism). Neither stalin nor hitler ran around giving people free health care.

you are a moron. i cannot believe there are people as uneducated as yourself living in this country. but its okay, because obama is going to make sure that education improves in this country, and eventually people as uneducated as yourself will become extinct. like dinosaurs. i can't wait.

marxism and socialism are very different. you'd know this if you went to college and took a simple political theory class. why don't you go to barnes and noble and buy some books and educate yourself. oh wait, your probably dirt broke and blaming other people for your problems.

thank god you commented. these people are delusional. you made my night.

"silent majority"? there is a minority party that isn't silent, is this what you are referring to?

Mr. Lee,

Thanks for laying the groundwork.

As a CPA reasonably fluent in the tax law, however, it appears that the lack of enforcement provisions may present no obstacle at all to the full enforcement action of the IRS.

My understanding is that the IRS will have collection and enforcement responsibility for these penalties. It is a simple matter for the IRS to issue regulations establishing an ordering rule for the application of our tax payments, For example, suppose I owe the government $5,000, which includes a $1,500 "penalty" for not carrying health insurance. I pay the $3,500 I would otherwise owe, and citing the lack of enforcement provisions go on my merry way.

Sometime thereafter, I receive a nastygram demanding the payment of $1,500 in taxes plus additional penatlies and interest. Lo and behold, my $3,500 was, by law, applied first to the no-insurance penalty, and thereafter to the regular tax. I still owe $1,500 in regular taxes, subject to the full enforcement capacity of the federal government. Game over.

[...] Liberty in Action: First Private Lawsuit Challenging ObamaCare Filed in Mississippi – Big Government [...]

Actually, you can opt out of social security. It is voluntary, and you can get out of it. It is not very easy, and now days I hear that they tell you that you can't. But the law as written years ago made it voluntary to be a part of it, and I believe that it still is although I haven't looked into it for quite some time now. When I found out about this, I got out, but that was a very long time ago. But it is great to not have those social security taxes taken (stolen) from my paycheck every two weeks. Good luck!

You go , These thuggs are out of control and I don't see an end to their tyrenie untill we all stand up and tell them to go to hell where they were spawned just like salmon . Only they came from the river of corruption that runs with the international money controllers that hang in the boheimion grove A BUNCH OF DEVIL WORSHIPPERS. GO TO HELL BY YOURSELF'S YOU PITTIFUL BASTARD'S. I'M SURE YOU WILL BE WELLCOMED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

you are a moron. seriously. it scares me that there are people like you in this country.

You're welcome. I'm not a Lawyer, so definitely check into all of this. Something else that may help you, is to read over the Supreme Court Case "Bailey v. Drexel Furniture Co"

It was ruled that Congress could not impose fines through the Commerce Clause as a means to indirectly regulate activities in the private market. The case stated the Commerce Clause does not authorize Congress to "use taxation as a pretext for accomplishing a regulatory objective that it could not accomplish directly".

I think you will be able to build a very strong case if you can compare the exceptions that were made for Social Security, and contrast them to how this is being implemented.

By 2016, it will be virtually impossible for an Insurance Agency to turn a profit if it exists outside the Health Insurance Exchange (the fancy name they are giving their single payer pool).

Best of luck, there are so many people behind you.

 IntenseDebate Notification <DIV>Hi, Doug! Happy Easter!</DIV> <DIV></DIV> <DIV>There are numerous examples of \”ordering rules\” in the application of the tax code. For example, I take out a loan for $100,000. Half I spend on a bass boat, and the rest on income-producing property such as a new bay for my car wash. As I repay this mixed-use loan, the interest-tracingrules require thatall payments of principal andinterest be applied in the following order: first topersonal use(mybass boat) and then to business use. Only the businessinterest isdeductible;so on a ten-year note, I won't receive a dime's worth of interest deductions until year 6 or 7, when the first $50,000 (the bass boat) has been paid off.</DIV> <DIV></DIV> <DIV>It is heartening that there is no enforcement action available on these lack-of-health-insurance penalties. However,it is not difficult to imagine a workaround whereintheIRSpromulgatesregulations requiring that the first dollars we pay into the system each yearbe applied tothe payment of health-care penalties, and thereafter to taxes. To go back to the previous example wherein I owe $5,000 ($1,500 of which is a health-care penalty), I don't get to choose what gets paid first. If I pay $1,500 short ofthe entire amount due, the collection and enforcement action defaults to theunpaid taxes; thehealth-insurance penalties are paid already.</DIV> <DIV></DIV> <DIV>Doug, I will not sitidly by while my children are sold into bondage and our freedoms are stripped from us by a bunch of lawlesspolitical thugs. Several years of my early career were solely dedicated totax research and writing, and now I've been in my own practicefor 20 years preparing tax returns and doing planning work for individuals and entities. I appreciate the piece you wrote, and more so the legal action you're taking, and I'd liketo discusswhether, and to what extent, I can be of any assistance in your efforts to challenge this monstrosity.</DIV> <DIV></DIV> <DIV>By the way, you're right about the ridiculous level ofcomplexity.In my own opinion, anylaw that can't be understood without the guidance of an \”expert\”probably shouldn't be a law in the first place. God penned the ten commandments in language everyone can understand, and so did our founding fathers when they wrote the Constitution. I've not seen the actual language of the health care bill, but it can't be good if ourcongressmen won't evenpretend to understand the garbage they've just passed.</DIV> <DIV></DIV> <DIV>Again, have a great Easter!</DIV> <DIV></DIV> <DIV>Wayne</DIV> <DIV></DIV> <DIV>Wayne Farrar, CFP, CPA, LLC
1702 Falcon Drive
Keller, TX 76248
(817) 337-7879</DIV> <DIV></DIV> <DIV>Securities offered through 1st Global Capital Corp., Member F.I.N.R.A., S.I.P.C.
Investment Advisory Services offered through 1st Global Advisors, Inc</DIV> <DIV></DIV> <DIV></DIV> <DIV style=\”FONT: 10pt arial\”>

It is heartening that there is no enforcement action available on these lack-of-health-insurance penalties. However, it is not difficult to imagine a workaround wherein the IRS promulgates regulations requiring that the first dollars we pay into the system each year be applied to the payment of health-care penalties, and thereafter to taxes. To go back to the previous example wherein I owe $5,000 ($1,500 of which is a health-care penalty), I don't get to choose what gets paid first. If I pay $1,500 short of the entire amount due, the collection and enforcement action defaults to the unpaid taxes; the health-insurance penalties are paid already.

You, sir/madam, seem to be quite clearly the product of the Moron Machine otherwise known as public education. The level and degree of your aggressive idiocy is truly breathtaking. Can't tell you how impressive your posting is what with debasing handicapped people (Oh, right. You learned that from O. Now I remember); and stereotyping ALL the people from an entire region of the country. And to think that you consider yourself a Patriot. Will wonders never cease? I can see that Patriotism in virtually every word you post. And clearly, the tolerance you show for opinions which differ from yours is quite impressive as well. I, for one, want to thank you for sharing your "nuanced" thoughts on this issue and commend your analytical talents. Very nice. Yo mama must be very proud.

you're an moron you cannot spell. no wonder republicans cannot win anything. how do you live your life knowing that you are so absolutely pathetic and poverty stricken. you need more than god and luck. i bet you live in a shack and read cereal boxes as if they were novels.

UNTIL with one "l"

by the way yourself as a plural is spelled "yourselves". you are so pathetic.
love,
a liberal who has an advanced high school diploma, a bachelor's of arts, a PHD, and a right to vote. go to hell you uneducated bastard.

Do you know anything about the law or the Constitution ? Or are you just blabbing on ?

Blabbing on ? Yes, that's what I figured.

[...] Not only are a large number of state attorneys general pursuing suit against the Federal government to stop the imposition of Obamacare, the first private lawsuit has been filed. [...]

"Yes, there are many who actually choose to be uninsured. For most, it is simply an economic decision that often works out to the uninsured’s economic advantage. Not always, of course, but that’s the beauty of liberty — you get to make the decisions, and live with the good or bad that comes of them".

and exactly WHO must live with the bad decision not to get healthcare? well…all us taxpayers who have to pay the exhorbitant fees in the emergency rooms in America. Maybe no one should buy health insurance and we should all go to emergency rooms too.

Your presentation appears sensible and logical. If correct, the new healthcare law does indeed have an enforcement mechanism, and any lawsuits by states to counter it is DOA.

I haven't forgotten about you! I posted a comment on the blog of the 9-12 Project in Texas, and received a reply post that the Liberty Institute is looking for potential plaintiff for an Obamacare lawsuit that they are filing. I've been unable to find out anything else this morning, but their website is http://www.libertylegal.org/, and their other contact info is:
2001 West Plano Parkway, Suite 1600
Plano, Texas 75075
Phone: 972-941-4444

I highly encourage you to contact them, and let them know that I am ready to offer our Texas brethren any help that I can. Take care,

Doug

[...] saw this over at Wiccapundit’s the other day–and did not see it picked up anywhere else in my [...]

[...] court for the Southern District of Mississippi.  Please see our prior article on this subject here. The response from liberty-loving Americans has been overwhelming — from Big Media, not so [...]

[...] State Senator Chris McDaniel and Lt. Governor Phil Bryant. The complaint is available here, inside a post on Andrew Breitbart’s [...]

Angela,
Georgia isnt the only state that refuses to file suit. Iowa is another. They say in so many words that they dont see the need and it will take up to many of our states resources to go ahead with a lawsuit. I wish they would file because I agree with everything this suit says. Maybe I will print and send it to our Capital and see what they say then.

[...] State Senator Chris McDaniel and Lt. Governor Phil Bryant. The complaint is available here [...]

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