Nothing less than the fate of the United States rests on this decision

By 18 Comments 1,320 views


Obamacare is unpopular. It’s becoming more unpopular with the uninsured.

Scott Pruitt, Attorney General of the state of Oklahoma, filed a lawsuit against Kathleen Sibelius over the implementation of Obamacare.

In an article in last month’s WSJ, he explained why:

While the president’s health law is vast and extraordinarily complex, it is in one respect very simple. Subsidies are only to be made available, and tax penalties for not signing up for health insurance are only to be assessed, in states that create their own health-care exchange. The IRS, however, is attempting to enforce tax penalties in all states—including Oklahoma and the majority of the other states that have declined to create their own exchanges. Citizens and businesses in these states must use the federal exchange instead.

The distinction is critical, because under the terms of the law it is the availability of government insurance-premium subsidies that triggers the penalties against businesses if they fail to provide their employees with health insurance that the administration deems acceptable. This is a huge problem for the administration, which desperately needs to hand out tax credits and subsidies to the citizenry to quash the swelling backlash against the law.

And Pruitt observes:

As much as we wish the government were run like a business, the administration cannot “improve” upon legislation passed by Congress by rolling out updates in the manner that Silicon Valley does. That’s not permitted under the Constitution: Congress passes laws, the president executes them. Period. That’s why Oklahoma and other states are fighting to stop the administration’s attempt to “fix” the health-care law through executive fiat.

In his WaPo column George Will explains how this could doom the ACA:

Because under the ACA, insurance companies cannot refuse coverage because of an individual’s preexisting condition. Because many people might therefore wait to purchase insurance after they become sick, the ACA requires a mandate to compel people to buy insurance. And because many people cannot afford the insurance that satisfies the ACA’s criteria, the ACA mandate makes it necessary to provide subsidies for those people.

The four words that threaten disaster for the ACA say the subsidies shall be available to persons who purchase health insurance in an exchange “established by the state.” But 34 states have chosen not to establish exchanges.

Only 16 states chose to form exchanges, 34 did not. Will notes, almost certainly accurately, that the language of the ACA was written to coerce states into forming exchanges:

The IRS says its “interpretation” — it actually is a revision — of the law is “consistent with,” and justified by, the “structure of” the ACA. The IRS means that without its rule, the ACA would be unworkable and that Congress could not have meant to allow this. The ACA’s legislative history, however, demonstrates that Congress clearly — and, one might say, with malice aforethought — wanted subsidies available only through state exchanges.

Some have suggested that the language limiting subsidies to state-run exchanges is a drafting error. Well.

Some of the ACA’s myriad defects do reflect its slapdash enactment, which presaged its chaotic implementation. But the four potentially lethal words were carefully considered and express Congress’s intent.

Congress made subsidies available only through state exchanges as a means of coercing states into setting up exchanges.

And the illegality?

By dispensing subsidies through federal exchanges, the IRS will spend tax revenues without congressional authorization. And by enforcing the employer mandate in states that have only federal exchanges, it will collect taxes — remember, Chief Justice John Roberts saved the ACA by declaring that the penalty enforcing the mandate is really just a tax on the act of not purchasing insurance — without congressional authorization.

And here’s the potentially apocalyptic part:

If the IRS can do neither, it cannot impose penalties on employers who fail to offer ACA-approved insurance to employees.

If the IRS can do both, Congress can disband because it has become peripheral to American governance.

Allowing this to stand as written makes Congress obsolete. This country would be ruled by Obama and the IRS. If it something entirely absent in a law could be interpreted as being in the law it’s over. The floodgates of Hell would be opened. The IRS would be judge, jury and executioner, able to “interpret” law as Obama desires and spend and collect as Obama directed. The IRS is corrupt and unaccountable now and such a ruling would end what little control that currently exists.

It would be the end of freedom and the end of the Republic and grant Obama that which he so avariciously seeks.


No joke.

image courtesy

DrJohn has been a health care professional for more than 30 years. In addition to clinical practice he has done extensive research and has published widely with over 70 original articles and abstracts in the peer-reviewed literature. DrJohn is well known in his field and has lectured on every continent except for Antarctica. He has been married to the same wonderful lady for over 30 years and has three kids- two sons, both of whom are attorneys and one daughter on her way into the field of education. DrJohn was brought up with the concept that one can do well if one is prepared to work hard but nothing in life is guaranteed. Except for liberals being foolish.

18 Responses to “Nothing less than the fate of the United States rests on this decision”

  1. 2

    Nanny G

    There’s a nasty rumor going around that Chief Justice Roberts broke many international laws in adopting his children who supposedly came (originally) from Italy…..
    Obama has been able to hold his children over his head (according to these conspiracy theorists) so that Roberts decides rulings in ways that Obama wants.
    As far as I know Roberts’ adopted children are from South America, not Italy.
    But a full THREE of the SCOTUS stayed home instead of going to SOTU.
    Rather stay home than have the look on your face reported on.
    Esau sold out his own birthright for a plate of stew, but I can’t believe Roberts would sell out the entire USA for his two children…..not even if they were illegally adopted Italians.
    I think he’d let the chips fall where they may. IF it were true.

  2. 3


    Its O j B a A i M l A time. You gotta want it.

    John Lennon thought the Beatles were more popular than Christ!

    Obama thinks he’s above the Constitution!

    Now we know better.

  3. 4


    I agree, but I would go further: the ACA is the Law of the Land. It cannot be modified by the President. All of the Law needs to be enforced in full. Unless the law allows for exemptions — and it doesn’t — the exemptions to individual businesses and unions must stop. The President does not have the authority to delay the individual mandate. It must be implemented right now. Likewise, the employer mandate must be implemented — NOW.

    I regret that this will cause incredible pain, but democrats wrote this stupid law and passed it above the objections of the public. Unless the public is willing to put an end to this stupidity, the democrats will try more of the same.

    “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.”

    — H.L.Mencken

  4. 5

    Richard Wheeler

    D.J. Like I said before. I believe you are just jiving us. Kinda the F.A. Rush. What % of your brain is tied behind your back?

    Nan G. What the hell are you fantasizing about now. Illegal Italian babies from South America??
    “If it were true” Why even post such horse shit Nan?

  5. 6

    oil guy from Alberta

    I remember Nancy Pelosi stating that the Obamacre Law had to be passed to see what’s in it. She was fantasizing about excrement.

  6. 7

    Ronald J. Ward


    I regret that this will cause incredible pain, but democrats wrote this stupid law and passed it above the objections of the public.

    Well, actually the law was more written by Republicans, even modeled from Romneycare.

    Your “above the objections of the public” is equally flawed.

  7. 9


    Y’all forget that the ONE says we have at least 57 states, so……the jury is still out on the unreported states. Remember the grief Quayle got from the press over his mis-spelling of potato? Do we have a double standard in this country? You betcha red ryder!

    I say just let the whole country fail, those that can and will work to exist will make it, those that won’t will fall by the wayside.

  8. 11

    Tired American

    As a physician, I can tell you that wait times will only increase with Obamacare.. First of all, Obamacare is a losing proposition for hospitals and physicians. With regard to hospitals, Obamacare care along with Medicare cuts are essentially placing many hospitals on the verge of bankruptcy. Though this sounds like fear mongering, numbers don’t lie. Because most Obamacare plans have deductibles from 5-10 thousand dollars, hospitals stays are not covered unless this deductible is already paid. Because no one has paid the deductible yet in January, hospitals are losing millions as a result. Because most of the people on Obamacare have little or no money, getting this deductible from them is almost impossible. Plus, reimbursement for private physicians seeing someone with Obamacare not profitable–unless you see 10 patients an hours. I personally see the numbers and only one solution will arise- a 2 tier system like in other socialistic countries.

  9. 13


    @Richard Wheeler:

    What % of your brain is tied behind your back?

    Did you ask that of a conservative? So you admit conservatives have brains? How novel…

    Illegal Italian babies from South America??

    You mis-interpreted. Typical lib problem.

  10. 15


    @bwax:Here’s his exact quote:

    “… it is just wonderful to be back in Oregon, and over the last 15 months we’ve traveled to every corner of the United States. I’ve now been in fifty …. seven states? I think one left to go. One left to go. Alaska and Hawaii, I was not allowed to go to even though I really wanted to visit but my staff would not justify it.”


    I think if you add that up, he thinks there is 60 states. Been in 57, one to go and not going to Ha and Ak, makes 60. Just need to keep the record straight, Obama is not really as smart as some people give him credit for. I do give him full credit: He can’t read well.

  11. 16

    Richard Wheeler

    @Redteam: Italy or S.A?? –a joke to point out how ridiculous that Nan would even bring it up. Don’t you agree?
    Dr. J. is a smart guy. That’s why I think he doesn’t actually believe half the stuff he writes.
    He enjoys riling up the radical right that frequent F.A. Entertaining.
    Nan seems to actually believe the wild stuff she writes.

    You’d do well to stick with the humor and take yourself a little less seriously.Distinguishes you from 05.

  12. 17


    @Richard Wheeler:

    Italy or S.A?? –a joke to point out how ridiculous that Nan would even bring it up. Don’t you agree?

    Just trying to keep you straight. She didn’t say Italians from S. America.

    Dr. J. is a smart guy. That’s why I think he doesn’t actually believe half the stuff he writes.
    He enjoys riling up the radical right that frequent F.A. Entertaining.

    I agree that Dr J. is a smart man and I think he does believe in what he writes. Which half do you think he doesn’t believe? He might rile up the radical right, but not nearly as much as he does the radical left.

    You’d do well to stick with the humor and take yourself a little less seriously

    I always look for the humor in what I’m doing. I mean, don’t you wonder why RJW constantly brings up Walt’s dog? What does he think Pluto has to do with conservatives? I’m not sure if it’s Walt he’s picking on so much as it is that he just loves using Marxist words/phrases from the OFA word of the day site. (I believe that site might have been down for a few days now, he hasn’t used any new words lately)
    It’s hard to take Dimocrats seriously, most of them are clueless.

Leave a Reply

Your email address will not be published. Required fields are marked *