Wednesday, April 01, 2015

US Supreme Court Rejects Obamacare Death Panels Case: No Harm, No Case

By Douglas V. Gibbs

The stronghold of the court system by far left statism continues to do the work for Obama, acting in a political manner when the court system is supposed to be apolitical.  The 9th Circuit Court threw out a lawsuit challenging Obamacare's "Death Panel" provision, and when the case made it to the United States Supreme Court, the Supremes refused to hear the case, leaving the San Francisco-based 9th U.S. Circuit Court of Appeals decision to throw out the case intact.

The case had been initiated by Arizona-based business owner Nick Coons and Dr. Eric Novack, an orthopedic surgeon, who sued in 2011.  In its August 2014 ruling, the appeals court said that the plaintiffs had not shown they had suffered any harm that they could sue over.  No harm, no case.

On the IPAB claim, the court noted that under the terms of the healthcare law, the board acts only if Medicare spending increases at a certain level. The earliest it could ever take any action that could potentially reduce Novack’s Medicare reimbursements would be in 2019.  Potential harm is not real harm, so the courts threw it out.  The plaintiffs also challenged the provision of the law known as the individual mandate, that requires Americans to obtain health insurance. Those claims were also rejected.

So, while opponents of the Unaffordable Care Act continue to use the courts to challenge the law, a court system filled with liberal judges paid by taxpayer money through a liberal left controlled system of federal government departments under a liberal left President of the United States, I wonder when they will realize that going after the unconstitutional actions of a radical leftist President through the courts are a dead-end.  The law is unconstitutional.  The final arbiters of the Constitution are not the courts, but are the States.  When will the States simply begin nullifying the unconstitutional healthcare law, and reject the federal government's demands and court attacks while standing behind their decision to refuse to implement the law in their State?

-- Political Pistachio Conservative News and Commentary

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