Monthly Archives: January 2011

Obamacare ruled unconstitutional by federal judge in Florida (exact wording linked)

Federal District Court Judge for the Northern District of Florida Roger Vinson rules Obamacare is unconstitutional and in favor of the 26 states that sued to block it.  Our great new Attorney General, Pam Bondi, passionately represented the State of Florida.  (She just said on Greta that there are two other states, Virginia and Oklahoma, who had separate lawsuits, making a total of 28 states suing.)

Pam Bondi, Attorney General, State of Florida

Judge Vinson says:

“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate,” Vinson wrote in his 78-page ruling. “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

I believe he is saying the entire law is unconstitutional.  I am looking for more on his wording.

Judge Roger Vinson

Bio:  On the recommendation of U.S. Senator Paula Hawkins, Vinson was nominated by President Ronald Reagan on September 9, 1983 to a seat vacated by Lynn Higby as Higby assumed senior status. Vinson was confirmed by the U.S. Senate on October 4, 1983 on a senate vote and received commission on October 5, 1983. Vinson served as the chief judge from 1997 to 2004 before later assuming senior status on March 31, 2005.

U. S. Naval Academy, Lieutenant, aviator

Here we go: Click here for Full Order of Summary Judgment signed by Judge Vinson 01.31.11.

Excerpt:

“In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.

For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second
Amended Complaint, and DENIED as to its request for injunctive relief…..

(There’s some additional wording in here.  See document)

In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring “The Patient Protection and Affordable Care Act” unconstitutional.

DONE and ORDERED this 31st day of January, 2011.

/s/ Roger Vinson
ROGER VINSON
Senior United States District Judge
Case No.:  3:10-cv-91-RV/EMT

Posted:  01.31.11

UPDATE:  Even though the Court declined to enter an injunction, his ruling does, in fact, enjoin the government from further implementing Obamacare:

“It is even more so when the party to be enjoined is the
federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.

(“Declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . .since it must be presumed that federal officers will adhere to the law as declared by the court”)

There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”

His ruling declaring the law unconstitutional is a defacto injunction.  (This is according to Mark Levin and I believe he is right about this.  It’s pretty clear that’s how it reads.)  The judge struck down the entire law so there is no law to implement.  We’ll see.

So will the Obama administration adhere to the judge and cease implementation of the law until the Supreme Court can rule or defy the judicial branch of government?   Right now they are saying this ruling does not affect the implementation of the law.  The Court may have to further clarify this.

Update:  01.31.11

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Filed under Barack Obama, health care, politics

I DEMAND an apology from, uh, what’s his name? The guy in California

How ridiculous is it that a man gets a FAX in San Francisco and he, with his press releases, manages to smear and implicate 20 million Rush fans everywhere?  He needs to apologize and now!  People been making jokes about how other cultures talk or act since time began.

(Oh, well, stuff dissapears all the time.  Here’s a replacement:

http://www.youtube.com/watch?v=WMLiyQjRSFc

http://www.hulu.com/watch/110317/saturday-night-live-china-cold-open

https://bellalu0.wordpress.com/2011/01/29/leland-yee-california-senator-wants-some-attention/

Posted:  01.31.11

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Filed under Humor, Media, Uncategorized

Leland Yee launches hit job on Limbaugh for joking about leader of communist China

Yee inserted himself in this situation.  Nobody was talking to him.  He just wants to play the victim as he has before.

He has accused Sarah Palin supporters of making threats to him, he tried to link a threat he claims to have received to the Tucson shooting, and now he is trying to blame a Rush Limbaugh fan for a threat.  Give me a break.  Reeks to High Heaven

You just never know what you might run across.  I was looking for comparisons of Reagan to Palin and found this website called “Reagan to Palin.”  So I got distracted on this:

Leland Yee is all in a silly little dither over Rush Limbaugh trying to sound like Hu without an interpreter.  Mr. Yee seems to be offended over this and demands an apology (which, thank goodness, is not forthcoming) and since that didn’t work, he is calling for a boycott on Rush’s sponsors.  That hasn’t gotten much traction so he now claims he got a very nasty fax threatening him from “a Rush fan.”  I don’t know, maybe it’s real but I wouldn’t put money on it.  I started to say, “Oh, no, he caught me!”  (Smile)  Not really.  Not really.  I’m kidding.  Don’t send out the FBI.  I would bet money it turns out to be a plant or was sent by someone from the loving left.

Mr. Yee seems to be a literal magnet for threats.  He received threats a few years ago because he sponsored a bill to ban or limit violent video games.  You can’t take away the children’s video games without raising some anger, he should know that, even though it may be a good idea.

Then he claims to have received threats by Palin supporters in regards to this dumpster diving incident where they supposedly found a contract or something in the trash.  Don’t remember it and don’t know all the details, but I’m linking to this post at Reagan to Palin.com.

I see where he also claimed to receive death threats he thought were connected to the Tucson shooting.  Sarah Palin again, I guess.  Now, he’s in San Francisco, mind you, but he has Arizona looking into it.  But you just never know whose hands that map with targets on it may have fallen into.  Maybe one actually made it to San Francisco, who knows.  Or did somebody say “reload.”

Of course, you ask Glenn Beck how many threats he gets, and he says he has 15 or more at any given moment.  And I’m sure all public figures get them.  Just imagine, if you can, the number of death threats Sarah Palin has received, along with her children who are hated for no reason whatsoever.   Michelle Malkin has published a lot of her’s.

I do believe Mr. Yee is just looking for attention. If he thought he was in danger, he should report it, but does he have to make it a big media event? No.

I don’t know Mr. Yee, never heard of him, but this article says he is a democrat darling along the lines of Nancy Pelosi and that just about says it all.  Somebody dug up some background on him as follows:

First of all the California legislative member, and political friend of Nancy Pelosi, is Sen. Leland Yee.  He is little more than a far-left gadfly who helped preside over the pending financial collapse of the state of California.  But, that’s not all.  Mr. Yee, now an American citizen but Chinese by birth, attended college at UC BERKLEY which would account for many of his radical views.  He represents a politically carved out district in San Francisco and served on the School Board there at one time.

Over the years, however, Senator Yee has engaged in questionable conduct:  Three police encounters over cruising for prostitutes in San Francisco’s Mission District, a 1993 shop lifting incident, and an investigation found that Lee’s taxpayer owned computers were the source for repeated attempts to re-write Lee’s WIKIPEDIA biography to exclude his legal problems and build up his reputation.

Palin hater & Pelosi friend, radical and discredited California State Senator Leland Yee (Police run-ins over prostitution & shop lifting)

Mr. Yee got his feelings hurt over something he probably did not hear to begin with.  And it’s really too bad.  He is the one who brought attention to himself.  If these people  would just stop listening to someone or some program they don’t like, they would save themselves a world of grief.  But I can tell you that it hurts my feelings when he and others vilify and lie about Sarah Palin, because she represents me.  And I like Rush, too, a lot.  He and Palin both build up the country that gives these mean-spirited people the right to speak their minds.  But for some reason, they don’t want anybody else to speak.

So, there you go.  Mr. Leland Yee.  Lay off Rush Limbaugh and Sarah Palin.  You know, it’s not civil nor nice to try to hurt somebody because they don’t agree with you or because some of us can laugh at ourselves and take a joke, or because you think it might elevate you to link to their names.  Maybe you should not take yourself quite so seriously.  Like I said before, some of you are wrapped way too tight.  Had you just laughed it off, nobody would have ever linked you to Rush Limbaugh.  And, again, he was not talking about YOU.  He was making a joke about the leader of Communist China, Hu Jintao.

To quote AWR Hawkin at Big Journalism on January 31, 2011:

“Hu Jintao carries on the “proud” tradition of Mao Tse-Tung and the real shame is not that Limbaugh translated the speech phonically, but that Democrats continue to defend Communist thugs and dictators.

Limbaugh has successfully outsmarted the CHICOMS and their sympathizers once more.”

http://bigjournalism.com/awrhawkins/2011/01/31/if-ching-chong-sends-democrats-into-a-tailspin-does-communism-make-them-smile/

Posted:  01.19.11  Updated:  01.15.12 @4:57 p.m.

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Filed under Media, politics, Uncategorized

“Dedicated to the One I Love”: Chris to Barack

In honor of the new era of civility and endless love:

“And I forgot he was black tonight for an hour.” — Chris Matthews

And who’s racist?

Posted:  01.28.11

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Filed under Barack Obama, Humor, Media

Egypt kills internet

“The Egyptian government appears to have ordered service providers to shut down all international connections to the Internet,” Cowie wrote. “Every Egyptian provider, every business, bank, Internet cafe, website, school, embassy, and government office that relied on the big four Egyptian ISPs for their Internet connectivity is now cut off from the rest of the world. Link Egypt, Vodafone/Raya, Telecom Egypt, Etisalat Misr, and all their customers and partners are, for the moment, off the air.”

In an eery coincidence, Egypt’s decision to interrupt Internet service coincides with renewed interest in the U.S. in legislation that would give the federal government an Internet “kill switch.”

I’ve been hearing about this KILL switch for our country.  This is a very bad idea.  (Oh, dear God, a KILL switch.)

Obama already “owns” Google and You Tube.  Anybody tried to search something on You Tube lately?  They have pro-Obama stuff right up front and I know there’s a lot more videos.  But in order to get to them, you have to search for a very specific video title.  At least that seems to be the case.  Then you will get others similar to it.  But you won’t find them using a general term.  You don’t always know what the title of the video is, so some are almost impossible to find.

Yahoo has a new feature at the top with a purplish left-hand border “stories” and try Sarah Palin, and here’s their top story:  “WTF comment casts doubt on……:  Large and underlined.   No, it doesn’t cast doubt on anything, except why is it titled that way.  It was a funny comment she made.  And it says it all:  SOTU – WTF?  She could have said it was the longest most boring dribble ever uttered, going on about BULLET trains and windmills and wind-up cars, but instead she made a little joke about it.  As usual, the left has no sense of humor.  They must be terribly unhappy having to find something objectionable about everything in life.

Type in Barack Obama and you get a nice story about him going to Penn State, and next comes whitehouse.gov, next is Organizing for America, Barack Obama.com, then you get the Wikipedia link.  The entire first page is pro Obama sites with one little Wall Street Journal link way down the page.  And it, too, is a rather positive mention of his review of regulations from January 18th.   Now, tell me that is not fixed.  Of all the criticism Obama has gotten just since the SOTU, not one, not one little bit of a negative article appears.

Who is paying for this to happen or is it just the search system itself that is rigged by the company?  Either way, your choices are filtered big time.

Read more: http://dailycaller.com/2011/01/28/mubarak-demonstrates-the-internet-kill-switch/#ixzz1CMF3av2w

Posted:  01.28.11

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Filed under Barack Obama, politics, Uncategorized

John Boehner cries…..and cries (video)

Laugh out Loud funny.  Rob Bartlett as Speaker of the House Boehner:

More Rob.

Posted:  01.28.11

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Filed under Humor, politics, Uncategorized

The essense of Obama

Out of the entire drone of over 60 minutes, here is the most revealing part.  If anybody is still wondering exactly who Obama is or what he is about, meditate for a few minutes on the following words:

We should have no illusions about the work ahead of us. Reforming our schools; changing the way we use energy; reducing our deficit – none of this is easy. All of it will take time. And it will be harder because we will argue about everything. The cost. The details. The letter of every law.

Of course, some countries don’t have this problem. If the central government wants a railroad, they get a railroad – no matter how many homes are bulldozed. If they don’t want a bad story in the newspaper, it doesn’t get written.

And yet, as contentious and frustrating and messy as our democracy can sometimes be, I know there isn’t a person here who would trade places with any other nation on Earth.

In that statement is the essense of Obsama.  The total disgust and irritation on his face and in his voice when he said that reveals his dictator heart.  Nothing irritates Obama more than the fact that he can’t just say “build me a railroad” and it’s done.  He already has the most compliant press in history, but it’s not enough for him.  He wants to RULE.  He wants nothing more than to be able to completely control the information we get.

Posted:  01.26.11

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Filed under Barack Obama, Financial Crisis, politics, President Barack Obama, Uncategorized