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RUSH: Now the health care situation. The 11th Circuit Court of Appeals struck down the individual mandate, but they left the rest of Obamacare intact. Now, I\u2019m pretty sure that is different from previous rulings in other courts. I\u2019m talking here about the 11th Circuit. So it was thought, it was speculated that the regime would ask for the entire 11-judge court to hear the case rather than just the three-judge panel that decided. And then the regime shocked everybody or I think shocked everybody, “No, no, no, you know what, we\u2019re not even gonna mess around with the 11th anymore, we\u2019re just gonna go straight to SCOTUS,” straight to the Supreme Court. And I said, now, wait just a second here. That tells me that they think that they\u2019re gonna win this at the Supreme Court. <\/p>\n
I said, “Okay, you need to explain this to me because I, all along, have thought that what the regime wanted to do was slow this down, take as much time at the lower courts as possible while this was implemented, because the more of it\u2019s implemented –” this is what the regime\u2019s counting on, this is a giant entitlement. We\u2019re gonna be giving people things, and once you start giving them things it get really problematic and difficult taking it away from them, i.e., repealing it. So the regime\u2019s strategy has been to slow walk it. This is not slow walking it. This is speeding it up. So what we have here is the regime figuring that the longer Obamacare has to be incrementally implemented before the Supremes ultimately decide the constitutional issue the more it will be a fait accompli and such that the court will find it difficult, if not impossible, to roll it back or to declare it unconstitutional. And the strategy gives the media all that much more time to work on Justice Kennedy. <\/p>\n
Justice Kennedy is thought to be swing vote here, and the media thinks that Justice Kennedy can be swayed by promises of puff coverage in a Washington Post Style section piece or what have you, that he, among all the justices, is more susceptible to a ruling based on what he wants to be thought of in the aftermath. I\u2019m just telling you what they think. So they have more time here to work on Justice Kennedy. Moreover, while the legal challenges are important, what needs to happen for Obamacare, really, is a political resolution. And by a political resolution, what I mean is we need a Republican Party committed to repealing it, not waiting for the Supreme Court to do it for them. <\/p>\n
Just like we waited on campaign finance reform. We figured, “‘Eh, court will take care of that. We don\u2019t have to do any heavy lifting,” and what happened? The court found it constitutional. And there\u2019s a great concern here that the Republican Party, for all the bluster and for all the talk, they don\u2019t want to do the heavy lifting. As long as it\u2019s gonna go to the Supreme Court, the theory is, “Well, we\u2019ll just back out of this, we\u2019ll avoid any controversy and any negative media coverage.” Remember, the Republican leadership is focused on mainstream media. That\u2019s what they care about. They care about what those people say about them. And they also believe that those are the people that they will have to go through to get their message out. <\/p>\n
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Bachmann got almost no support in her effort to defund that $105 billion that Pelosi snuck into Obamacare to fund its implementation between now and 2013. This is shortly after the 2010 midterm elections, and Bachmann discovers this $105 billion that Pelosi snuck in there to implement it, and she wants it taken out, and she got nowhere in the party, nowhere with the Republican leadership. They didn\u2019t want to touch it. The reason they don\u2019t want to touch is \u2019cause the Supreme Court\u2019s out there and it\u2019s eventually gonna go to court anyway, we\u2019ll let the court take the arrows on this. <\/p>\n
Now, Obama doesn\u2019t know much about this. I don\u2019t think Obama really knows what\u2019s in this. I don\u2019t think Obama really cares. All he knows is that at the end of the day the government\u2019s gonna run health care and that\u2019s enough for him. What he is is a tactician. When it comes it using to his advantage the enormity of the government\u2019s procedures and delays, that\u2019s what he\u2019s good at. So my question was, “Okay, if they want to slow walk it, then why not ask for the whole 11th court to hear it?” Instead, they say that they\u2019re gonna go straight to the Supreme Court. We supposedly beat them to the punch at the Supreme Court, but we\u2019re still at the Supreme Court, which is not slowing it down. So I was confused. So what I got back from the legal eagle was, “You have to balance a couple of competing interests. Yeah, they want to slow walk it, but they also,” meaning the regime, “they also want to win it.” <\/p>\n
Now, the 11th Circuit ruling was not a complete loss. They did lose there, but it was not a complete loss because the 11th Circuit held that the individual mandate was severable, meaning the rest of Obamacare stands, but the mandate\u2019s unconstitutional, so we\u2019ll just pull that out. That was a big win for them. It seems to fly in the face of pretty settled law that a multipart piece of legislation is not severable unless Congress indicates that it intends for the rest of the law to survive if one part is held invalid. Now, normally the mandate here is the foundation of Obamacare. If the mandate is stripped out of it, the rest of the bill should fall apart on its own weight, because the mandate is what funds it, in large part. <\/p>\n
But the 11th Circuit said no, the whole law can stay, we\u2019re just gonna pull out the mandate. So the regime says, look, if we go back to the full 11-judge panel for what\u2019s called an en banc review, there\u2019s no guarantee that the whole 11th Circuit would agree with the three judges on severability. They didn\u2019t want to take the chance \u2019cause the 11th Circuit is usually a pretty good court for us. So they didn\u2019t want to take the chance that they could lose what they won by asking for the full panel of judges in the 11th Circuit court of appeals to hear the case, because this is a big win. I mean it was declared the mandate unconstitutional, but the rest of the law stands. That\u2019s fine with them. <\/p>\n
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Which is what has happened: Our side has force an appeal at the Supreme Court before the regime has filed theirs. So the bottom line is (this is a long way and probably too much wind here) the action yesterday by our side, in filing our own appeal in advance of the regime\u2019s, could save a year of delay by getting it on the docket at the Supreme Court a year earlier than the regime wanted it. The regime is sitting out there figuring they lose at it 11th but they have a victory in that, “Yeah, we lost the mandate but the rest of the law stands. Okay, fine. That\u2019s cool. We\u2019re not gonna risk losing that by asking the entire 11-judge panel to rule. So we\u2019ll just sit on this and we\u2019ll go to the Supreme Court in a couple months and ask them to hear it,” but we didn\u2019t give \u2019em enough time.<\/p>\n
We have already asked the Supreme Court, so the upshot of this is that we\u2019re trying to speed this up as much as it can be; and by having our own appeal to the court, maybe a year has been shaved off of this — and that\u2019s crucial when talking about the implementation of this. It\u2019s crucial also in terms of the court\u2019s ruling. I don\u2019t care what anybody says: The Supreme Court reads election results, and the Supreme Court knows public opinion polls, and don\u2019t let anybody tell you that that stuff doesn\u2019t matter. It does. I also think there\u2019s a wild card, as I mentioned mere moments ago, and that is Obama\u2019s public disrespect and calling out of the Supreme Court at a State of the Union address a couple years ago.<\/p>\n
You don\u2019t see them there. They don\u2019t go up there anymore. You haven\u2019t seen them. I don\u2019t think Chief Justice Roberts has been back. Sam Alito hasn\u2019t been back. I don\u2019t think Clarence Thomas has been back. I don\u2019t think Scalia\u2019s been back. I don\u2019t think we\u2019ve gone up to any more of these State of the Union shows or these joint session things. Yeah, you\u2019ve got Ruth “Buzzi” Ginsburg in there. There\u2019s also the question of Elena Kagan and whether or not she can even survive this in terms of recusal. The point is it\u2019s still a lot to happen here but it\u2019s gotta happen fast because as this gets implemented, it\u2019s tough to rip things out by the roots. You know, you don\u2019t prune weeds, and this health care bill is nothing but a bunch of weeds. You have to get rid of weeds at the root level, and that\u2019s what\u2019s gonna have to happen with this.<\/p>\n
BREAK TRANSCRIPT<\/p>\n
RUSH: Politico has a story today: “Health Care Premiums Now Cost More Than a New Car.” Not going down, folks. Health care premiums are not going down, and coverage is not getting better. And that\u2019s not going to change until we repeal this.<\/p>\n","protected":false},"excerpt":{"rendered":"
RUSH: Now the health care situation. The 11th Circuit Court of Appeals struck down the individual mandate, but they left the rest of Obamacare intact. Now, I\u2019m pretty sure that is different from previous rulings in other courts. I\u2019m talking here about the 11th Circuit. So it was thought, it was speculated that the regime […]<\/p>\n","protected":false},"author":14,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[],"tags":[],"yoast_head":"\n