American Elephants


Florida Ruling Halts Obamacare in 26 States by American Elephant

Until and unless a higher court grants a stay, this ruling prohibits the Federal Government from enforcing Obamacare in the 26 petitioning states.

Jennifer Rubin has the details:

I read the section on “Injunction” and could scarely believe my eyes. Was the judge ordering the government not to enforce ObamaCare in all 26 states? Oh, yes, indeed.

Robert Alt of the Heritage Institute e-mailed me, “The judge noted that declaratory relief is the functional equivalent of an injunction, and applied the long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court.’ So in the case, the judge asserted that the declaratory relief should bind the parties. If the Obama administration wishes to impose the requirements of Obamacare upon the states, it will need to seek a stay of the opinion either from the judge, or from the 11th Circuit.” [emphasis mine]

Those states are: AL, AK, AZ, CO, FL, GA, IA, IN, ID, KS, LA, ME, MI, MS, NE, NV, ND, OH, PA, SC, SD, TX, UT, WA, WI and WY.

Correction: It is incorrect that this ruling only affects the 26 petitioning states, it stops enforcement of Obamacare in ALL states, because, as Gabriel Mator at Ace of Spades reminds us, the ruling is binding on all parties, not just the petitioners, but also the Federal Government:

The law is unconstitutional and that ruling is binding on the parties. Not just the 26 plaintiff states, mind you, as I’ve also seen erroneously reported.All parties to a lawsuit are bound, including and especially the defendants, that is, the U.S. departments attempting to implement ObamaCare. [read more]

Duh! Dumb, dumb, dumb mistake on my part. I apologize for the error.

(h/t Gay Patriot)



POLL: 58% Want Obamacare Repealed by American Elephant

Expect these numbers to only increase after the ruling:

A new Rasmussen Reports national telephone survey finds that 58% of Likely Voters at least somewhat favor repeal of the health care law, including 47% who Strongly Favor repeal.  Thirty-eight percent (38%) oppose repeal, with 29% who are Strongly Opposed.  (To see survey question wording, click here.)

Support for repeal has ranged from 50% to 63% in weekly tracking since Democrats in Congress passed the law in March of last year.

What was that Obama said a few days ago about the consent of the governed?

Update: Ah, yes:

“…governments must maintain power through consent, not coercion.”

The American people do not consent, Mr. Obama.



Breaking: Obamacare Ruled Unconstitutional by American Elephant

In a ruling on Obamacare that is just out,  in the largest case yet, brought by 26 states, Judge Roger Vinson of the Federal District Court in Northern Florida , has declared the entire law unconstitutional:

“For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate.”

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void”

Most laws that congress writes have what is called a severability clause, that says, in effect, that should any individual part of the law be ruled unconstitutional, the rest of the law should remain in tact. I guess in their haste to shove this law down America’s throat in the dead of night, Democrats forgot to include such a clause, so the judge has tossed the entire law out.

Hot damn!

Obviously, this is not the final word, and will eventually be decided by SCOTUS, but it is encouraging nonetheless.

The opinion can be found here.



Amazing Humanity! by The Elephant's Child
January 31, 2011, 11:53 am
Filed under: Art, Freedom, Heartwarming | Tags: , ,

We are all familiar with beautiful videos of animal life on our planet, but here is an unusual video from the BBC on the amazing human race.




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