Supreme Court Case

Posted: 03/20/2010 by tpgow in 2011

Obama Care and the Schechter Poultry Corporation
by Ryan on March 20, 2010

in Economy, Election 2010, Health Care, Politics, Tyranny

Here we are again — the most recent moment of the Obama Care endgame. The Landmark Legal Foundation and Mark Levin are finding ways to challenge (pdf) the “Deem and Pass” maneuver which may materialize as a reality later today. Also, many states are now in position to pass laws refusing new Obama Care mandates. However, legal challenges take time and could be stopped along the way. The fight will only have begun.

In the midst of the Great Depression, the Supreme Court heard a critical case called Schechter Poultry Corporation v. the Unites States. At stake was the constitutionality of the federal government’s ability to dictate price, wage and employment mandates to individual companies, corporations, and mom-and-pop small businesses. The “Blue Eagle” became the symbol of what was essentially a corporatist-like economic fascism taking hold in the United States. Black markets arose and regular business people were arrested for selling services for a few cent less than their local competitors. So, the Supreme Court heard the case of the Schechter brothers and voted 9-0 to find the National Industrial Recovery Act (NIRA) was an “unconstitutional delegation of legislative power to the executive.”

So what does a Depression-Era code issue have to do with Obama Care? The Wall Street Journal published an oped today saying that Obama Care represents an historic mistake, like the NIRA and the Smoot-Hawley Tariff, both of which were supposed to help, but which any objective observer could have seen was going to be a train wreck. They both were and so will Obama Care. Maybe if this monstrosity passes it will be eventually struck down by the courts or repealed by future Congresses. Maybe not, though, especially if the recipient-class get lots of benefits early and won’t be required to pay for it. I can’t see a 9-0 decision today on the constitutionality of enforcing individual mandates, fines or jail time for non-compliance, the IRS peeking at us every month to monitor the state of our health care coverage, etc., but maybe another 5-4 kind of vote. Time will tell. The “vote” needs to happen first.

  1. Rick M. says:

    I do not know of any other country where I can move to if this thing gets its hooks in us so I guess I will have to die trying to make our country into a republic again !

  2. tpgow says:

    As Rush L said this week on his radio show, When and if it passes, that is when “The fun begins”. They are lined up to file law-suits against this bill. I would think nothing will take effect until law suits are settled. So the way I see it, it is a loser “Big Time” As we know Obama did not win friends and influence the Supreme Court Justices.

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