Stopping Obamacare In The Courts

By Douglas V. Gibbs

The ruling by District Judge Henry Hudson in Virginia that the Obamacare mandate requiring Americans to purchase a health care policy is unconstitutional is a step in the right direction when it comes to stopping this very dangerous piece of legislation. The mandate is the glue that holds the whole law together, and by removing the mandate, ultimately the entire piece of legislation will unravel. The process of reversing Obamacare is very important because it stops one of the liberal left's many strategies in turning this nation into a nationalistic entity dominated by an authoritarian centralized government system.

Eventually, once Barack Obama is out of office, and can no longer veto any attempts against his Marxist agenda, right minded statesmen can finish the process of legislating all of the oppressive health care legislation out of existence. Until then, our only available option to stop this monstrosity is to do it piece by piece through the courts.

Using the courts to stop the dangerous hard left agenda, however, is not without its pitfalls. The Liberals criticize those on The Right, who's guiding principles are grounded in the U.S. Constitution, because by supporting Hudson's ruling a contradiction arises. Since Conservatives believe that judges should not legislate from the bench, and that one of the reasons judges feel they can legislate from the bench is the unconstitutional concept of Judicial Review, support by The Right of any court decision, according to The Left, is hypocritical.

The Progressives, over a very long period of creeping incrementalism, has literally changed the rules. They have declared, by building a system of implied law, case law, and precedent law, that the courts are the only means of determining the constitutionality of a law, thereby replacing the binding authority of the U.S. Constitution with the opinions of a bunch of activist judges. The liberals have replaced the rule of law with the rule of men in black robes, and have convinced Americans that their rules of judicial review are in line with (despite evidence to the contrary) the plans of the Founding Fathers. Then, after Conservatives use the Lefty's rules against them to start the process of stopping the draconian authoritarian policies they push (like the health care legislation), the liberals criticize the conservatives because apparently only liberals are allowed to use the courts (since they are the only ones that fully agree with the court-centered method). However, if The Right does not use the courts to stop the leftist agenda, the shadow of liberal Marxism will blanket America, because all other means to stop these traitors have been cut off.

Sure, there are other means, ultimately, to stop the nationalistic plans of the liberal Democrats, but they all require a long, persistent push that can be derailed at many junctions along the way. The leftist agenda can be stopped legislatively, or through nullification by the States. However, through the courts, the liberals can even hinder those moves. Therefore, it is through the courts, in the beginning of this long process, that the madness must be stopped, until finally the judicial oligarchy that seems to exist in this nation is dismantled, and the branches of government return to their original constitutional places in the American Form of Government.

Yes, I agree, the courts are supposed to have no legislative powers. Article I, Section 1 of the U.S. Constitution says so, giving all legislative powers to Congress. But, if the only way right now to stop the authoritarians of the Democrat Party from destroying our system of liberty is through the courts, then through the courts it must be.

-- Political Pistachio Conservative News and Commentary

Virginia Judge: Obamacare Individual Mandate Unconstitutional, UPDATED - Liberty Pundits

Judge Hudson: Obamacare Unconstitutional - Political Pistachio

Stopping ObamaCare: In Court & In Congress - American Center for Law & Justice

American Liberalism: Big Government Tyranny - Political Pistachio

Judicial Activism Paradox - Political Pistachio

Returning Power To Congress and the States from The Executive Branch and the Judiciary - Political Pistachio

Article III of the U.S. Constitution - Get Liberty/NetRightNation via with ending commentary by Political Pistachio