02.02.2011 62

Wisconsin Leads States in Declaring ObamaCare Dead

ObamaCare Implementation Chart

Wisconsin Attorney General J.B. Van Hollen has taken a great step forward in stopping the implementation of ObamaCare. And quite correctly, Van Hollen said, “Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction. This means that, for Wisconsin, the federal health care law is dead-unless and until it is revived by an appellate court. Effectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law.

Wisconsin has drawn a line in the sand. ObamaCare is not a law, because it was overturned by Judge Vinson. Because ObamaCare is not a law, no state is to follow it. To begin implementing ObamaCare would be in violation of the law of the land.

From Wisconsin Attorney General J.B. Van Hollen on Monday:

Judge Vinson has confirmed the conclusion I reached when this law was enacted.  Congress is free to reform health care, but it must do so in a Constitutional manner. It simply does not have the authority to require people to either purchase health insurance or pay a fine.

Now, we wait to see if the federal government has finally gotten the message.  If they don’t get the message, and decide to appeal the case, as they did when they lost in Virginia, my colleagues and I will continue our fight to defend the Constitution and protect the people of Wisconsin from this unconstitutional law.

Florida has also declared that they will not implement the law. According to Florida Governor Rick Scott, “”We are not going to spend a lot of time and money with regard to trying to get ready to implement that (law) until we know exactly what is going to happen.”

Other states must follow the lead of Attorney General Van Hollen. ObamaCare is not law, and thus, must not be implemented.

  • John B

    About time someone stepped up and acknowledged that ObamaCare is now longer LAW. Three cheers for Attorney General Van Hollen!!!

  • John A

    What is wrong with you? Van Hollen is a clueless as you are. His election was bought by big business the same people that are against actually treating people like human beings. Let me guess you were appauld over the Michael Vick dog story but yet you don’t think human beings should be treated the same!!! Let me also guess that you are complaining about how expensive health care is

  • John B

    @John A: You are mistaken. First, the Michael Vick dog scandal has nothing to do with ObamaCare. Second, you pretend that folks are “bought” by “Big Business” that oppose Government Health Care. For starters, you have clearly overlooked the mandate inside of ObamaCare that FORCES people to purchase a product FROM BIG BUSINESS. What side do you think Obama is on? Clearly not on the side of allowing people to do as they please. Instead, he supports forcing you to purchase health care from big business.

  • Ezio

    Obama = abomination. Thank heaven it got shut down!

  • Logic

    Funny how you ignorant people are ok with car insurance being mandatory and there being fine for not having it. You believe that is constitutional, yet you somehow seem to think there is a difference between that and being required to have health insurance or be fined. There is no difference.

    I really wish you all would someday become educated enough to notice that the only reason why republicans are so against this bill is because it will reduce the profits of one of their biggest campaign donors (health insurance corporations). God forbid the CEO of united healthcare doesn’t get his $1,000,000,000 bonus anymore (that number is real by the way, google it if you don’t believe me).

    Until you all open your eyes and actually research things before you listen to politicians and pundits you will be nothing but tools for the corporate giants.

    Oh and by the way, god forbid that this country tries to make sure that all of its citizens are HEALTHY and WELL TAKEN CARE OF. That would be such a terrible thing, wouldn’t it? (Did I lay the sarcasm on heavy enough or will it take more to get the point through your thick skulls?)

  • John B

    @Logic: I oppose ObamaCare and I oppose the government making anything mandatory.

  • HerpDerp

    It’s always nice to see people rage against legislation aimed to help them. Enjoy being corporate tools and bow down to the upper class. The republican party doesn’t oppose abortion or advocate small government. They simply use those points to garner your votes so they can give tax cuts to the wealthy and land blow after blow in their war against the middle class.

  • John C

    @ The Johns: I have been a client of my health insurance company for 8 years and always paid and file 0 major claims in that time. My 15 year old son was diagnosed last spring with cancer. After the initial diagnosis we were dropped from our insurance. After “Obamacare” passed we were informed that we were again eligible for coverage. Found out todays ago now that the new law is on hold we are back out. It’s not a big deal though, I mean if my son dies (which is now likely as we have depleted our savings, home equity and borrowed as much as we can to pay for the care he has received so far). I suppose it was meant to be. Right? Thanks Van Hollen!

  • John B

    @John C: Instead of blogging and commenting about this, you should be spending these last precious days with your son. That is truly terrible and my prayers are with you and your family. I hope something good happens that will help your son.

  • Logic

    @John B

    That statement there proves you are a fool. Government regulation created the economic prosperity of the 50s through the late 70s. Then when the republicants took over and deregulated everything the shit slowly hit the fan until we found ourself in the “great recession” aka the beginning of the second great depression. Oh and believe me, if you think the economy is fixed you are gonna be in for a huge shock sometime in the next 10 years when things REALLY start to hit the fan.

  • John B

    @Logic: No, in fact, it proves my point. It shows that all that so-called “prosperity” was merely artificial and propped up with the theft of “other” people’s money.

  • John C

    @JohnB: Not a regular blogger and not really into politics… Actually sitting at home with my son browsing the web and hanging out. Saw the article on Digg and couldn’t resist. Thanks for your sentiment though and your prayers are greatly appreciated.

  • Avery McCallum

    Logic, the difference between requiring health insurance and requiring car insurance is that the health insurance law applies to everybody, not just drivers. If you choose to use the roads like other drivers, anyone who’s ever been the victim of a hit and run knows that being held accountable for being able to pay for any mistakes on that road is necessary. Insured drivers are far less likely to flee a scene since admitting fault won’t instantly bankrupt them.

    Guess you weren’t “educated” enough to research that one.

  • Jon S

    @John B: Nice strawman you got there. Hurts when someone actually validates the notion that our healthcare system is completely fucked, and you have nothing, absolutely nothing to refute that point.

  • John B

    @Jon S: I’m not going to try and score political points on someone’s family that is truly in trouble.

  • James

    Auto insurance should not be mandatory, it is absurd that it is. I should be responsible if I hit you not until then. Simply, there is no reason I should be responsible for anyone’s health care who is not a direct offspring of mine or that I otherwise choose. I don’t have all the things I want in the world because I can’t afford everything. Same goes for health care. Medical companies don’t have to make drugs, tools or equipment not do we have to purchase them. How hard is it to grasp this concept.

  • John G

    @Avery McCallum: The Emergency Medical Treatment and Active Labor Act (EMTALA)entitles everyone to emergency care if they need it. It was passed in 1986. This means that if you sustain critical injury that a hospital is required to provide treatment until you are stabilized. You probably won’t be choosing to use the hospital in that situation, but the american tax payer/hospital is still going to have to pay for your care if you are not insured. Your argument is based on the idea that people have a choice to drive a car and use the roads. The problem is when you fall of your ladder at your house and someone calls 911 to save your life you will not be able to say “Hey, no its cool, I don’t have insurance, so leave me here to die please?” Even if you did I’m willing to bet your request would be ignored. and we would still have to pay for you.

  • John C

    @All: I just wanted to state my situation to give perspective. Everyone has a right to their opinion and I can respect those opinions. I wish I had answer for the healthcare problems our country is facing, but I don’t. John B is just stating his opinion and I respect it and everyone else’s.

  • James

    Auto insurance should not be mandatory, it is absurd that it is. I should be responsible if I hit you not until then. Simply, there is no reason I should be responsible for anyone’s health care who is not a direct offspring of mine or that I otherwise choose. I don’t have all the things I want in the world because I can’t afford everything. Same goes for health care. Medical companies don’t have to make drugs, tools or equipment not do we have to purchase them. How hard is it to grasp this concept.

  • John B

    In an ideal situation, everyone would receive the care they need. But the world is never ideal, and to attempt to make it ideal, someone always gets screwed.

    Look at the Soviet Union. They were great at directing everyone’s resources into making weapons and military advancements. They were terrible at directing everyone’s resources into producing food. Eventually, the Soviets began to starve and the USSR collapsed.

  • Logic

    @John B

    Other peoples money? Theft? Don’t make me laugh, the top 2% of the richest people in the country own 90% of the assets in this country. Nobody needs that much wealth PERIOD. Aside from that, it is detrimental for that much wealth to be accumulated in a single area in a capitalist society; this is because capitalism relies on CIRCULATION OF MONEY. If the money stops circulating (like it has since 2008 because nobody has the income or credit to buy anything) then the economy falls apart, there are no if’s and’s or but’s about this. Also taxes aren’t theft, taxes pay for our government services such as ROADS, SCHOOLS, POLICE, FIREMEN, etc. If you make more you should pay more, this keeps money in circulation which keeps the whole capitalist system in balance.

    @Avery McRetard

    Did it ever occur to you that 90% of Americans own a car. The rest are either too poor to drive, or too young to get a license. Therefore the car insurance law pretty much applies to EVERYBODY. Oh and since you are so predictable I’m going to shoot down your inevitable reply in advance: You cannot opt out of getting a car in rural areas and even most cities because our country doesn’t believe in investing in mass transit. Ever Try to catch a bus after 9pm in most areas (if there is even a bus system there), or how about 4am? You either cant, or the buses are so few and far between that it isn’t practical. You cant opt out of getting a car in rural areas because it isn’t practical to ride a bike 10+ miles to and from work everyday. I used to ride a bike to work and once it gets over 7 miles each way its more trouble than its worth (oh and lets not forget about how many bikers get run over by terribad drivers every day). Guess you weren’t educated enough to research the % of drivers in the US. You fail.

  • Rich

    There’s two huge, gaping holes in the auto insurance analogy. First (and this is a weak, though legally meaningful argument) is that you are not required to own or drive a car. If you don’t own a car, you don’t have to buy auto insurance. *People*, therefore, are not required to buy auto insurance, only drivers. There is no such exemption from a health insurance mandate.

    Secondly, and more importantly, you are not required to buy auto insurance that covers your losses. Liability insurance, which drivers are required to buy, is there to help the victims of your potential mistakes. You are not covered by your own liability policy. Comprehensive insurance, which covers your damages, and is analogous to health insurance, is not legally required.

  • Logic


    You do realize that all insurance is (whether it be auto or health), is the pooled resources of a large group of people to mitigate the costs of potential problems (which keeps costs LOW). Therefore, your money which you would have to spend on health insurance goes not only toward your own potential problems but also towards everybody else’s potential problems. When everybody helps everybody else, then costs are kept down.

    Also, read my previous post. 90% of Americans own cars, the US has little to no mass transportation, therefore it isn’t a viable option to go without a car in most places. You argument is invalid.

    Lastly, what is wrong with you people. Have you ever heard the phrase “united we stand, divided we fall?”. Do you know what that means? That means if we all help eachother out we will all have a better standard of living, and if we all only care about ourselves then we are SCREWED. Oh and lets not forget that the majority of the cost of healthcare nowadays is due to insurance company CEO’s thinking that they are entitled to huge bonuses. United healthcare’s CEO walked off with $1BILLION dollars. Do you know where this money came from? It came off the backs of people who paid for health insurance for years, and who were kicked off their insurance policy for getting sick; also overinflated insurance costs. All these health insurance companies are doing is profiting off the sickness and pain of others by denying benefits. “Obamacare” is a regulatory move to prevent these bastards from screwing people over anymore and it mainly affects the insurance corporations. Yet you ignorant bastards are so self absorbed that you cant see this. So you take the side of the insurance companies who are SCREWING you over. So in effect, if you get your way, you will be the victim of your own stupidity, bravo. Retards.

  • Mr B


    What do you think about all the waivers Obama signed; allowing greedy rich unions and companies to opt out of Obamacare? Why would they need to opt out of all that aweomeness?

    The money we earn is not yours to take. Free markets provide equality through opportunity. Equal opportunity does not mean eqality in outcome. I’d like to be a sports star. Can I have the spot of one star even though I don’t have the talent? No. Thus, Marxism does not work. Capitalism has done more to lift the masses from poverty than any other. Christianity has done more to improve society as well. Christianity has effectively destroyed Communism.

    Obamacare is over just as much as Global Warming is.

    Why are you so angry?

  • Avery McCallum

    ROFL @ arguing on the internet. You misunderstood my argument so severely, it hurts my brain. Seriously. It’s melting.

  • Scott

    @ Logic, car insurance is NOT required by federal law (at least not outside of federal property). Congress does not have the power to mandate that drivers purchase car insurance. New Hampshire does not require drivers to be insured. Until recently neither did Wisconsin.

  • Adub

    Wondering why people don’t realize that you ARE paying for everyone’s health care…just at hugely inflated prices. What happens when someone without insurance breaks a leg? They go to the ER and can’t be denied coverage…you pay for it. What happens when they need the cast removed? They go back to the ER…and we (taxpayers)pay double what it should cost. So forcing them to pay for it hurts you how? Funny thing is…if this were a government, single payer program (a la Medicaid) it would be completely Constitutional. The fact that the Dems’ didn’t take it that far to appease the right and allowed it to be privatized (what the republicans wanted) is what makes it sticky constitutionally.

  • Avery McCallum

    Let’s face it – the democrats got duped into writing an unconstitutional law as a compromise with the republicans. They simply got outsmarted. If only the republicans weren’t assholes as well…

  • Tenpercent

    @Logic (or Leap of logic)
    %90 does not = %100. If you choose not to drive a car, you do not need to pay car insurance. The end. Saying “your argument is invalid because mine only 90% makes sense” is not an argument at all.
    Plenty of people do not own cars, just because you see none of them when you stand on the street corner of a busy intersection does not mean they do not exist.

    The number of people who do not own bodies is not ‘almost 0%’ it IS ZERO.

    You -can- opt out of car insurance, don’t own a car.
    I guess the only way to opt out of health insurance you are forced to pay for is kill yourself?
    Logic’s logic: Your argument is invalid. (because I did not prove mine?)

  • Kevin

    I dunno how to feel for you guys. In Canada, we got healthcare. Everyone gets covered no matter what the situation. The only problem we ran into is that we don’t have enough doctors, nurses and room in our hospitals to cover such a demand. 🙁

  • Catwalk

    How is requiring health insurance or being fined different from laws that require car owners to have insurance or be fined? In all but one state, you are required to have insurance or to pay a fee. There’s no uproar about that.

    I don’t get it.

  • false

    whats with that graphic? I wish we wouldn’t doctor information as bad as that to try and make a point. It just makes us looks disingenious and deceitful. fight right.

    copy and paste got all wore out on that one.

  • Arthur Dent

    This just confirms what we already knew: Wisconsin sucks! (Florida too.)

  • Chuck

    So if Obamacare is so bad, and healthcare should be available to only those who can afford it, then why is @John C in the position of having paid thousands of dollars under health care insurance only to get booted off his plan because his son actually needs health care ? That to me is robbery ! You pay out the ass just in case the worst happens only to have the comfort of having paid all that “just in case” money taken away from you. Pure robbery… that’s not Capitalism, it’s just plain crooked because and you can’t do anything about it.

    Passing Obamacare isn’t steering the U.S.A towards Communism… that’s just crazy talk ! I have had free health care my whole life here in Canada because that to us is a fundamental right and no one should have to stand by idly and watch their child die because they are denied treatment or can’t afford it. That’s something I associate with happening in third world countries. We are just as Capitalistic as our neighbors to the south and are free to go about our business as we please, life is good and trust me our tax dollars (yours and mine) are funding far worse things in the world than providing healthcare. I don’t understand why everyone down there is so afraid of this bill.

  • The conservative Weekly Standard noted that President Barack Obama authorized Secretary of Health and Human Services Kathleen Sebelius to use taxpayer dollars to purchase Google advertisements that lionize President Obama s controversial and landmark health care initiative. When one searches Google for ObamaCare the government has made sure that the first website listed is the newly-formed official information site for the national health care program. That s right President Obama is intentionally spending taxpayer dollars to steer opponents of his program toward his own propaganda every page of the site is emblazoned with a banner across the top boldly proclaiming that Health Care is getting better. What is more the Weekly Standard also noted that the United States Department of Health and Human Services spent 3 million of taxpayer money on television advertisements featuring Andy Griffith selling ObamaCare. WHAT?!.Read all about it at …

  • Donb

    The reason a lot of you don’t understand why this isn’t constitutional if car insurance is is that you simply don’t understand the Constitution. You erroneously believe that we live in a democracy and that our lawmakers can craft whatever laws they like. In fact we live in a constitutional republic and our law makers are bound by the supreme law of the land which is the Constitution.

  • Bringbackmanufacturing

    Great! Now we can focus on our Paul Ryan Vouchers! Next on the table give our social security to Wall Street!!!!

  • THANK YOU CHUCK!!!!! We take SO much for granted here in the states. So the ONLY real complaint is money? People here are willing to put more value in paper and coins then someones life. Honestly I’m speechless

  • Why must those of us apposed to obamacare be labeled against people, for big business, etc. I got a family I love (and a dog) and lots of friends I love too. I don’t think I’m against any of them. I’m not rich. But do think and assess and form an opinion on logic and reason and not emotions.

    Those of you who argue out of these emotions and feel good declarations never seem to want to argue the point. I want healthcare to be better. I want healthcare to be more accessible. I want healthcare costs to come down. But Obamacare is simply a poorly written law that is not going to accomplish any of that. Also according to at least 2 federal judges is unconstitutional. There are many of us hold our liberties and constitutional freedoms above all else. I don’t give a shit about big business or who profits and who doesn’t but dam well care when my rights and liberties are being infringed upon.

    If you want argue the constitutionally then do so. Don’t hide behind some self perceived, self-righteous claim to social justice.

    As for the car insurance analogy that has already been argued. Buying a car is an ACTIVE process that you engage in a citizen. Having a driver license is a privileged not a right. You can “choose” to not own or drive a car. The individual mandate forces you to engage in a commercial transaction (buy insurance) that you do not want and never actively sought.

  • Dennis

    @Logic – Are you soft or something man? Adding 30 million people into the pool is only going to INCREASE costs! You say they will lower them, but a majority of the people who don’t have it now are poor, they can not afford it, so how are they going to pay for it when it is law?

    Please state your source that 90% of people own/drive/insure cars. Don’t go on spouting statistics unless you have proof to back them up. Your mumbling things to make yourself look smart. 10 miles is nothing on a bike if you are healthy. There is also car pooling, taxi’s… just to name a couple.

    Now get of your soap box and stop trying to take every one else money and please thank the next tax payer you see for your free health care.

    Only people I know who like Obamacare is the shiftless who want things for free.

  • Katie

    I have a unique situation in that If I was ever brought to a hispital I would probably die from the cleaners, medications, etc. I am extremely chemically sensitive and have had to do everything for my health with a more natural approach. Mostly diet change. When I heard I may have to buy insurance I was completely bummed. For one… Conventional medicine is something I will rarely make use of simply because my body cant handle it.
    Secondly, I am a full time musician traveling on the road . I’m technically homeless and a starving artist.

    A few thoughts I have…
    For the dad with the son who has cancer…
    Check out http://www.thewellnessway.info
    A Dr who is respected by the medical world because he tests everything bur treats in a more natural way… May be mor affordable for you and insurance may help cover some costs.

    Second… The omly reason car insurance is required is because when you drive a car you put others St risk as well as yourself. When you eat a twinkie, you don’t put the guy next to you at risk… Only yo hav to del with the consequences.

    As far as medical help: I have friends without insurance who were able to deliver 5 babie in the hospital for less money than insurance woul have cost. When they went in , they told the Dr, we’re paying for this out of pocket, help us figure out ways to cut costs…
    Because the medical world is most often dealing irpth insurance companies(big business) prices are through the roof for something even as simple as. Bandaid. But when the insurance ompanie are avoided, things can be done ( though still costly) at. Reasonable price.

  • Katie

    Also, because I had to deal with Mercury and lead poisoning from a Hepitis B vaccination I am not really wxcited about funding a health care system that encourages individuals to take too many medications, shots, etc. While the government subsidizes fast food.

    What would happen if government made healthy food more accessible to the poor? Rather than medicine o dewlap with the effects of poor diet?

    One thought: did you know that type 2 diabetes (which is over80% of cases) is caused and could be cured completely by diet?

  • The thing I have noticed in this discussioon is the constant comparison between the federal government forcing us to purchase health insurance and the states forcing us to purchase auto insurance. I notice it because it indicates a serious lack of education on the part of the general populace.

    The reason that states can force you to purchase car insurance is the same reason Massachusetts can force it’s citizens to purchase health insurance-because that is one of the many powers left to the states.

    The Constitution limits what the FEDERAL government may do and leaves everything else to the states. It’s really a rather interesting system for a number of reasons.
    First among those reasons is that such a system is self correcting.

    If a state passes and implements a law with which the majority of it’s people disagree, the people may lobby their legislators(and even recall them) to get it changed. If that doesn’t work, they may vote with their feet by moving to a state that respects their wishes to not live under that law. Eventually that state will either fail or repeal a law that affects it negatively.

    Congress as well as Mr. Obama exceeded their authority in making this law and so it should be overturned. If the judiciary fails to respect the Constitutional limits placed upon the federal government, then the states have the right to nullify that law or call an article five convention to deal with it through the process of amendment.

    The bottom line is that either we are a nation of laws or we are not. We have, through our own ignorance and apathy allowed the federal government to far exceed it’s authority in multiple venues. It is time to remind them that the Constitution is the supreme law of the land as approved by We the People. We the People do expect them to limit themselves to those powers which have been granted to them by us through our Constitution.

  • Mike

    @ Logic. What you don’t understand is the difference between auto insurance & health care insurance, is the little fact that NO ONE requires someone to own a car! If one does decide to own a car, and they want to drive it on PUBLIC roads, then they need to have insurance…. But keep in mind, no one is mandating that a person HAS to own a car! ya nitwit!!!

  • Bringbackmanufacturing

    History = Our founding fathers and the 5th Congress. Check it out.

  • What’sFair

    I agree that it’s fair to force everybody who drives a car to own auto insurance. However, people who never drive a car should not be forced to buy auto insurance. Health insurance is different. People who practice prevention extremely well should not be forced to buy health insurance. They should not be fined nearly $700 per year in 2016.

  • What’sFair

    If an unexpected accident happens in traffic, the uninsured driver might not be able to pay for the harm he has caused to another person out of his own pocket. However, if an unexpected accident occurs to your health, the medically uninsured person can pay either with his own life or out of his own savings. He does not begin to owe money to another person for harming that other person.

  • Dennis Carr

    What, nobody has seen this? WOW what a mistake.. Am sharing and passing on until all 57 states get on the wagon..

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