Obama Administration Risks Constitutional Crisis in Flouting Health Care Law Ruling

February 7, 2011 08:03


“Whether one supports or rejects Obamacare, whether one believes Judge Vinson got it right or wrong, in our system, his ruling cannot be flouted–it must be contested in the courts” Smith added. “By failing to do so and acting as if the ruling doesn’t matter, President Obama is undermining the rule of law and sowing national confusion and discord.  It gives a whole new meaning to “Yes we can!”

Discovery Institute

The Obama Administration Department of Interior has just been held in contempt for refusing to abide by a federal judge’s ruling.

“Not content with that flouting of a court order, the Obama Administration is now ignoring an even more important ruling it doesn’t like,” says bioethicist Wesley J. Smith. “a federal judge throwing out the entire Patient Affordability Act as unconstitutional.”

Discovery Institute Center on Human Exceptionalism senior fellow, Wesley J. Smith, a vociferous critic of “Obamacare,” was quoted on the Rush Limbaugh Show as stating, “Pretending that the ruling doesn’t change anything when it unequivocally does” is “ both a petulant and extra legal approach to governance.”

But now, as the business week comes to an end with no attempt by the Department of Justice to obtain a stay, or even appeal the decision, the administration is risking a constitutional crisis, according to Smith.

“The administration is  needlessly flouting the rule of law,” Smith said “not only subverting our system, and sowing confusion and bitter political divisiveness, but also raising disturbing questions about the administration’s commitment to the systems of checks and balances that are the unique hallmark of American freedom.”

“Whether one supports or rejects Obamacare, whether one believes Judge Vinson got it right or wrong, in our system, his ruling cannot be flouted–it must be contested in the courts” Smith added. “By failing to do so and acting as if the ruling doesn’t matter, President Obama is undermining the rule of law and sowing national confusion and discord.  It gives a whole new meaning to “Yes we can!”

Attorney Wesley J. Smith is an award winning author and influential blogger and commentator on issues involving bioethics and healthcare, quoted by President George W. Bush in Decision Points as helping influence his thinking about the embryonic stem cell funding controversy.  He is a senior fellow in Discovery Institute’s bioethics program.



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