Wednesday, July 24, 2019 00:46

The verdict is in: the People begin to push back.

– Wiccapundit

Not only are a large number of state attorneys general pursuing suit against the Federal government to stop the imposition of Obamacare, the first private lawsuit has been filed.

Two men, including a Mississippi state senator, have filed suit in Federal Court seeking injunctive and declaratory relief against the Federal health care “reform” law.

Interestingly, this article at Andrew Breitbart’s Big Government notes that the individual mandate that has so alarmed everyone, cannot, in fact, be enforced!  The Act specifically prohibits the impositions of criminal penalties for non-compliance with the requirement to buy insurance.  Furthermore, the Feds cannot file liens against your property or levy it to enforce any civil penalty.

If there is no enforcement mechanism, then the insurance mandate (the centerpiece of the legislation) is toothless.  If there is no enforceable mandate, then the entire sack of wet brownies that is Obamacare is also toothless.  Ergo, FAIL!:

“Game over man! Game over!”


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7 Responses to “The verdict is in: the People begin to push back.”

  1. Not sure I understand this one. I get (hope) that it might be illegal to force the purchase of insurance, but how does this prevent the government from using taxpayer dollars to create and entitlement for those who desire it (i.e., the “less fortunate”)? Not forcing one to opt into the government or private programs does not prevent the seizure of earnings to fund the government option, right?

    • Wiccapundit says:

      This is a technical issue. To enforce a penalty (the “tax” imposed for failing to purchase the insurance), the government must have a mechanism to do so. Criminal sanctions are specifically forbidden by the text of the act. This leaves civil sanctions.

      Normally, the government (such as the IRS for delinquent taxes), has to issue a determination that a citizen is in violation of a civil law, and then must impose a penalty. How then does the government enforce the penalty? With the IRS, it issues a delinquency notice, then issues a lien upon your property (usually real estate), then a notice of intent to levy, then the actually levy (which is the process of seizing assets and selling them to satisfy the delinquency).

      If liens and the levy process are not available, then the government has no mechanism to actually COLLECT the money they claim you owe for noncompliance. Certainly a notice would show up on your credit report, but the government could not seize your property or your money, as there is no machinery in place to facilitate it.

      This pretty much guts the individual mandate. Since the mandate was the linchpin of the statute, it pretty much makes the statute worthless as well.

      I simply will not comply with a mandate to purchase insurance or any other product the government demands that I buy. They know where I live and where my assets are. Molon labe, jerks.

  2. Enas Yorl says:

    The IRS has more than one trick up its sleeve to do this: they will withhold tax refunds. That is just the first step of course. It will work after a fashion until people learn to withhold less. Then the Left will simply continue to push for more and more powers of enforcement and expansion of gov’t power – as they always do. They got their boulder up the hill, now it only needs incremental nudges.

    “The avalanche has already begun. It is too late for the pebbles to vote.”

    • Wiccapundit says:

      True enough, Enas. You noted the response to that: make sure you owe a slight amount each year, rather than getting a refund. Also, if you want to make life difficult for the government, then contest the administrative offset. If the examiner doesn’t agree, seek an administrative panel review. If the appellate conferee doesn’t agree, be prepared to file suit in U.S. District Court or in Tax Court.

      The U.S. tax system runs on voluntary compliance. If just 10% of the taxpayers appealed at every level, the IRS system would crash to the ground. So said one of my professors, an ex-IRS-agent turned tax lawyer. The citizenry is unaware of how flimsy the system really is.

  3. Enas Yorl says:

    Unfortunately a lot of people don’t understand how taxes work. How often have you heard the equivalent of “I don’t pay income taxes! I get money FROM the government every year!” Also, most people are deathly afraid of the IRS. With good reason – they are ruthless, vindictive, and almost completely unaccountable. Everyone has heard countless stories of the absolute hell they have put people through for the even the most minor of infractions. The courts are completely rigged in their favor and there is no penalty for the IRS in the rare instances when they are found to be wrong. No, there will be no citizen’s revolt against the IRS.

  4. cbullitt says:

    Well I’m still waiting for the injuction against the EPA–but this is hopeful: an appeals court just unanimously kill the FCC’s net neutrality overreach to force Comcast to give free broadband to the ghetto.
    The EPA has no authority to set auto standards–that’s the department of transportation’s baliwick.

  5. I’m gonna have to consult my attorney on this one (and I will leave it to you to guess who that is now), because I still don’t understand how this could be considered “game over.” Undoing the mandate that forces everyone to purchase health care does not necessarily unravel the governments new hand in the health care game. Unless I am missing something, Obamacare will still be pushed out to the “less fortunate” at the taxpayers expense…the only question is, how will they shift funds around to support the entitlement? Game over? I wish.

    But waitaminute…it just occurred to me…we are Wiccans…we MAKE THINGS HAPPEN!!! Gettin’ my skyclad circle groove on…you’re doomed now, Barry…WOOT!!!

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