“Soft despotism is a term coined by Alexis de Tocqueville describing the state into which a country overrun by "a network of small complicated rules" might degrade. Soft despotism is different from despotism (also called 'hard despotism') in the sense that it is not obvious to the people."

Thursday, February 03, 2011

When a Federal Judge Says a Law is Unconstitutional, Does that Mean Optional?

This commentary is two years old but more relevant than ever. Where is the Media on this little matter?

Too big to stop? Obama's overhaul lumbers on

Click here to find out more!
Most insurers, hospital executives and state officials expect to keep carrying out President Barack Obama's health care overhaul even after a federal judge cast its fate in doubt by declaring all of it unconstitutional.
William Hoagland, a Cigna vice president, says it's still the law of the land and the ruling this week by U.S. District Judge Roger Vinson in Florida won't slow down compliance. Insurers tried to kill the law in Congress.
The Deloitte Center for Health Solutions says it does not believe hospitals, drug companies and other major health industry players will hit the stop button either.
Many in the industry are dissatisfied with the law, but they also see it was a vehicle to start addressing problems of cost and quality.


  1. I do know that the Forest Service ignores, and works to circumvent, the orders of a Federal Judge.

    Until the Supremos render a decision, the band marches on.

    An interesting state of affairs, when the future policy course of the United States is decided by Anthony McLeod Kennedy, an Associate Justice of the U.S. Supreme Court.

  2. The Judicial Death Panel has ruled in the case of ObamaCare™

    Malkin: "Hey, remember when conservatives objected to ObamaCare™ on Constitutional grounds and progressives laughed?"

    Sen. McConnell: "If you can compel Americans to purchase insurance, you can compel them to buy vitamins or anything."

    After Obtaining Their Own Waivers… SEIU Fights GOP ObamaCare™ Repeal Vote

    U.S. Senate votes 81-17 to repeal #1099 provision of ObamaCare™. Dissenting votes, sixteen Donks and Socialist Bernie Sanders.

    Republicans Offer Bill to Allow States to Opt-Out of ObamaCare™

    White House adviser: striking down ObamaCare™ is "judicial activism".

    AFL-CIO rep says ObamaCare™ waivers are ok for unions but not the rest of us.

    All Republican Senators have now joined to cosponsor the bill to repeal ObamaCare™, S.192

    ObamaCare™ complain form: [] <-please write legibly.

  3. Health-Care Ruling: All Eyes on Justice Kennedy

    With a Florida judge’s ruling against the administration Monday, Obama’s health-care plan seems destined for a Supreme Court showdown, where Justice Anthony Kennedy will be the swing vote.

  4. Nikki Haley, Republican Governor of South Carolina: “We have long argued that, among its many other flaws, the national health-care law is unconstitutional, something that is now increasingly clear to all. South Carolina must take steps to avoid this unconstitutional infringement – one we do not want and cannot afford. We can improve health care in our state without this massive mandate from Washington, and that’s what our Administration, working with the General Assembly, will do.”

  5. Ol' Judge Napolitano is a bit of a loon. Nullification has been shot down every time it's been tried.

  6. 30 Million, or so, of our people have No Insurance, other than Emergency Room Care. Many more millions have, virtually, worthless insurance - policies with a $3,000.00 Annual limit, etc.

    No Society will survive, much less thrive, that can't provide some reasonable minimum of healthcare for its members. At present, the United States isn't doing this.

    This issue won't go away. The Republicans have long been part of the problem. The best thing (for them) that they could do would be to become part of the solution.

  7. Right now, by the way, the score is 2 - 2.

  8. The government argued in December that the individual mandate was necessary to make the whole bill work. Without it, the bill falls apart.

    The Dems forgot the severalibility clause in their haste to pass this bill. Pelosi did say that they had to pass the bill to find out what was in it. The White House wants to blame somebody, because sombody forgot that simple little boiler plate clause in the first place. Quite remarkable to say the least.

    This is how the White House defends its defiance to the Court:

    Reasons to ignore The US Constitution"

  9. Now there's another US-supported Middle East dictator, in power for three decades, announcing he will step down. This time in Yemem. We haven't had that spirit here since Nineteen Eighty-nine.

    SAN'A, Yemen—Yemen President Ali Abdullah Saleh said that he won't run for re-election when his term ends in 2013, and that he won't attempt to pass on the presidency to his son, abruptly ending his bid to change the constitution to erase all term limits on the post.

    It's an ill wind that blows no good.