Is the Affordable Care Act (aka ObamaCare) Legal?

We have to pass the bill so you can find out what’s in it. — Then-Speaker of the House Nancy Pelosi

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Catherine J. Frompovich
Activist Post

You’ve heard about the controversies within the bill, the process about the bill, one or the other. But I don’t know if you have heard that it is legislation for the future, not just about health care for America, but about a healthier America, where preventive care is not something that you have to pay a deductible for or out of pocket. Prevention, prevention, prevention—it’s about diet, not diabetes. It’s going to be very, very exciting. 

But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy. [1]

Did Duress OR Undue Influence Play a Role in ObamaCare Becoming Law?

The basis of the duress as a vitiating factor in contract law is that there is an absence of free consent. Duress operates at common law. Pressure not amounting to duress may give rise to an action for undue influence in equity. The effect of a finding of duress and undue influence is that the contract is voidable. The innocent party may rescind the contract and claim damages. [2]

Reading the above in view of all that’s going on now—and in the past three or four years that ObamaCare has been hanging over our heads—one has to wonder if it truly is legal, based upon undue influence, the controversy, and the verbal pressures Madam Pelosi used to get it through the House of Representatives. Therefore, ObamaCare is voidable; it should be negated, rescinded, and defunded.

Then, the U.S. Supreme Court had to get involved, which it should not have, this writer contends.

“The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax,” Chief Justice Roberts wrote in the majority opinion. “Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.” [3]

Note: Since when can the U.S. Supreme Court levy taxes; isn’t that the job of the U.S. Congress? Therefore, ObamaCare should be declared illegal! Furthermore, ObamaCare was not written and passed as a tax in Congress; SCOTUS came up with that fancy claim to ‘legalize’ ObamaCare!

Justice Anthony M. Kennedy, who had been thought to be the administration’s best hope to provide a fifth vote to uphold the law, joined three more conservative members in an unusual jointly written dissent that said the court should have struck down the entire law. The majority’s approach, he said from the bench, ‘amounts to a vast judicial overreaching’. [4] 

It seems that Justice Kennedy realized that the court was overreaching—a BIG no-no, that no one in law has pointed out. Tsk. Tsk. Tsk. Why? Where are the Constitutional lawyers?

But, here’s the most telling part of the ObamaCare saga:

“Mr. Obama welcomed the court’s decision on the health care law, which has inspired fierce protests, legal challenges and vows of repeal since it was passed. Whatever the politics, today’s decision was a victory for people all over this country whose lives are more secure because of this law,” he said at the White House. [5]

How have people’s lives all over this country been made ‘more secure’ since the following has happened in the aftermath of the passing of the most unfortunate ‘Affordable Care’ Act?

1. Employers adjusting employee work schedules so as not to have to provide healthcare insurance? 

a. “Is Obamacare to Blame for Hospital Layoffs?” 

b. “Largest Employer in St. Louis Lays Off More Employees Due To Obamacare” 

c. “ObamaCare Employer Mandate: A List Of Cuts To Work Hours, Jobs” 

d. “Home Depot sends 20,000 employees into Obamacare”  [reducing employee benefits] 

e. “US employers slashing workers hours to avoid Obamacare insurance mandate”

2. Health insurance premiums are not affordable, as originally promised when Madam Pelosi was pushing it down the country’s throat.



For example, my insurance plan right now for my spouse and I costs $545 a month with 100% coverage after my $2500 deductible. We are both 32 years old. When I looked at this site for 80% coverage it says it will be $954.78 a month!!!! So compare my old Plan: 100% coverage for $545 a month To New Plan: 80% Coverage for $945 a month. This is only only an estimate but it is VERY Scary for me to see this kind of increase in rates and reduction in benefits! [6] [A 73% increase in premium and a 20% reduction in coverage! How is that affordable and more secure?

A single mother of two said she is in school and working full-time while living ‘75% below the poverty level.’ She said she was shocked to learn she did not qualify for a healthcare subsidy. ‘Are you F’ing kidding me????’ she wrote on the government’s Obamacare Facebook page. ‘Where the HELL am I supposed to get $3,000 more a year to pay for this ‘bronze’ health insurance plan!?!??? And I DO NOT EVEN WANT INSURANCE to begin with!! This is frightening,’ she wrote. [7] 

And this: The most shocking reality of ObamaCare is that those who probably want and need it the most, won’t be able to purchase it:

Obamacare sticker shock will not affect millions of low-income Americans; a New York Times analysis published on Wednesday found that Obamacare ‘will leave out two-thirds of the poor blacks and single mothers and more than half of the low-wage workers who do not have insurance, the very kinds of people that the program was intended to help.’ 

Obamacare will cost taxpayers an estimated $2.6 trillion over the next 10 years.[8] 

Is ObamaCare designed to bankrupt not only U.S. citizens, but the country itself? The Republican shutdown is warranted, in this writer’s opinion, until common fiscal sense prevails, if only on the very mathematics of ObamaCare!

Now that we know the dirty nitty-gritty about ObamaCare’s past, present, and apparent future, why are voters so upset about the shutdown? We should be doing what we did about Syria when we realized what was going on there and the apparent dirty politics of national security.

Take a closer look at ObamaCare, which was passed into law under most unusual circumstances, i.e., no one in Congress apparently knew what was in the law nor even read all two thousand pages; and then the U.S. Supreme Court went sticking its nose where it didn’t belong, i.e., passing legislation.

Come on, United States. Wake up and smell the coffee. We’ve been had and this maybe our last chance to let the controllers know we mean business: We the People say what we want or do not want, not a ‘tin-hat dictator’, nor a court, nor corporations who have been pulling the strings in running the politics of the United States of America.

United we stand, divided we fall.  
— Patrick Henry, Founding Father, March 4, 1799

Notes:

[1] http://boards.straightdope.com/sdmb/showthread.php?t=559116

[2] http://www.e-lawresources.co.uk/Duress.php

[3] http://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html?pagewanted=all&_r=0

[4] Ibid.

[5] Ibid.

[6] http://www.breitbart.com/Big-Government/2013/10/03/Obamacare-Facebook-Erupts-With-Citizen-Sticker-Shock

[7] Ibid.

[8] Ibid.

Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies.

Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.

Catherine’s latest book, A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on Amazon.com and as a Kindle eBook.

Two of Catherine’s more recent books on Amazon.com are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008).


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