America’s Favorite Judge, Andrew P. Napolitano weighs on on the constitutionality of MengleCare and think that the Supreme Court will probably strike it down.

From NewsMax:

President Barack Obama is one of the worst presidents ever in terms of respecting constitutional limitations on government, and the states suing the federal government over healthcare reform “have a pretty strong case” and are likely to prevail, according to author and judicial analyst Andrew P. Napolitano.

In an exclusive interview with Newsmax.TV’s Ashley Martella, Napolitano says the president’s healthcare reforms amount to “commandeering” the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional.

“The Constitution does not authorize the Congress to regulate the state governments,” Napolitano says. “Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.

“That’s called commandeering the legislature,” he says. “That’s the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That’s prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail.”

Napolitano, author of his just-released “Lies the Government Told You: Myth, Power, and Deception in American History” and a Fox News senior judicial analyst, is the youngest Superior Court judge ever to attain lifetime tenure in the state of New Jersey. He served on the bench from 1987 to 1995.

Napolitano tells Newsmax that the longstanding precedent of state regulation of the healthcare industry makes the new federal regulations that much more problematic.

“The Supreme Court has ruled that in areas of human behavior that are not delegated to the Congress in the Constitution, and that have been traditionally regulated by the states, the Congress can’t simply move in there,” Napolitano says. “And the states for 230 years have had near exclusive regulation over the delivery of healthcare. The states license hospitals. The states license medications. The states license healthcare providers whether they’re doctors, nurses, or pharmacists. The feds have had nothing to do with it.

“The Congress can’t simply wake up one day and decide that it wants to regulate this. I predict that the Supreme Court will invalidate major portions of what the president just signed into law…”

To say the least.

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A friend of mine posted this over at another site. It sums everything up quite well…

So they just passed a health care plan written by a committee whose chairman says he didn’t understand it, passed by a Congress that exempts themselves from it, signed by a president who smokes, with funding administered by a treasury chief who didn’t pay his taxes, all to be overseen by a surgeon general who is o…bese,……. and better yet it is to be financed by a country that’s broke?

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It does not get any bigger than this.

To actually get the endorsement of the Western Hemisphere’s great butcher must be setting every Democrat and White House staffer into a buzz. Viva Fidel!

Via The L.A. Times: (Hat Tips to BabaluBlog and Michelle Malkin)

It perhaps was not the endorsement President Barack Obama and the Democrats in Congress were looking for.

Cuban revolutionary leader Fidel Castro on Thursday declared passage of American health care reform “a miracle” and a major victory for Obama’s presidency, but couldn’t help chide the United States for taking so long to enact what communist Cuba achieved decades ago.

“We consider health reform to have been an important battle and a success of his (Obama’s) government,” Castro wrote in an essay published in state media, adding that it would strengthen the president’s hand against lobbyists and “mercenaries.”

But the Cuban leader also used the lengthy piece to criticize the American president for his lack of leadership on climate change and immigration reform, and for his decision to send more troops to Afghanistan, among many other things.

And he said it was remarkable that the most powerful country on earth took more than two centuries from its founding to approve something as basic as health benefits for all.

“It is really incredible that 234 years after the Declaration of Independence … the government of that country has approved medical attention for the majority of its citizens, something that Cuba was able to do half a century ago,” Castro wrote.

Hey, Michael Moore. You wanna lose some of that hippo weight that you have been carrying around for the last 40 years? Fidel has a hospital bed just waiting for you!

Sorry for the image folks, but I do not play PC games when it comes to such things. The Left has long used rhetoric and imagery to further their aims, so I have always felt that in order to counter, you need to do to the same.

I do not call it MengeleCare for nothing.

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You know, I have been an online user for some 20 years and have always used Nosferatu as my handle. But I do not think old Nos himself bit as many necks as the Democrats have drained wallets over just the last 96 hours.

Since I am up at this hour, I thought it would worthwhile to see what was going on, via The Rocky Horror Harry Show. Sure enough, the Senate was still kicking around at 2am or whatnot, chopping the heads off GOP amendments faster than Oprah Winfrey downing free samples at the local supermarket.

Fortunately for us, Michelle Malkin was doing the heavy lifting and suffered through the C-SPAN coverage of the Senate circus , so I shall let her describe the lowlights…

Among the more noteworthy votes taken so far:

Sen. Coburn’s attempt to bar Viagra for sex offenders was tabled by 57-42. Democrat Sens. Bayh and Nelson voted with the Republicans.

Sen. Vitter’s motion to repeal the Demcare takeover was tabled by 58-39.

I suppose they want to make sure that John Edwards and any future Kennedy male will have cheap, unfettered access to the little blue pill. While they suck up the nation’s little green dollars like Robert Downey, Jr. spending the weekend at Scarface’s house.

More comedy:

Update 2:10am Eastern. They are now voting on the Hutchison amendment to make permanent certain sales and marriage tax provisions that were set to expire. The amendment falls, 40-55.

Oh, dear. Al Franken has taken over as presiding officer.

Update 2:43am Eastern After tabling more GOP amendments, a pale, hoarse Harry Reid calls for adjournment. Befuddled Franken announces: “I guess we’re adjourned.” Official adjournment gaveled at 2:56am Eastern.

Andy Levy tweets in reply to my report on Reid’s grim appearance: “‘And I looked, and behold a pale hoarse Harry Reid.’ (Revelation 6:8)”

…And Hell followed with him.

After 10 hours, the Senate voted on 28 GOP amendments and rejected each and every one, including a Vitter amendment to spare mobile mammography units from punitive tax treatment.

Um, who’s the party of no now?

Also: Guess it’s the Dems now making womanhood a “pre-existing condition” again, eh, Nancy Pelosi?

I cannot help but wonder if there were a portable Ronco Botox Injection Kit (Shoot Up and Forget it) on the market, would No-Wrinkles Nancy want to tax the hell out of that, too? Or maybe just donate her skin leavings to the starving in Africa? Like the Tootsie Pop question, the world may never know.

On a more important note, a chink in the armor:

From FoxNews, re: a point of order deal with Pell Grant provisions that might potentially violate some budget rules:

It was initially unclear how much of a problem this posed for Democrats hoping to rush the bill to Obama and avoid further congressional votes on what has been a politically painful ordeal for the party. Democrats described the situation as a minor glitch, but did not rule out that Republicans might be able to remove additional sections of the bill.

The president, who signed the landmark legislation into law on Tuesday, was flying to Iowa later in the day for the first of many appearances he will make around the country before the fall congressional elections to sell his health care revamp.

The bloodletting is scheduled to resume around 9:45am or whenever Bloody Mary’s stopped being served at the Capitol Hill Club, whichever comes first.

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So much for the Dems “inevitability” strategy…

From CBS: (Hat Tip: Hot Air)

The poll finds that 62 percent want Congressional Republicans to keep challenging the bill, while 33 percent say they should not do so. Nearly nine in ten Republicans and two in three independents want the GOP to keep challenging. Even 41 percent of Democrats support continued challenges.

Americans are split about the fact that the bill largely lacked bipartisan support. Fifty percent said they were disappointed that the bill did not have support from both parties, while 44 percent said that it doesn’t matter…

Despite a Congressional Budget Office analysis finding that the bill will ultimately lower the budget deficit by $143 billion over the first ten years and $1.2 trillion dollars in the second ten years, 57 percent of those surveyed, including most Republicans and independents, say the bill will increase the deficit. Just 18 percent say it will decrease the deficit.

Seeing that this is a CBS poll, for God’s sake, the numbers are probably more like 82%, seeing that outlets like CNN, CBS and fellow Donkey Hooker networks generally oversample Dem respondents by a good 12%-20%. And they usually just sample “adults”, unlike professional pollsters like Rasmussen who only poll “likely voters”. However, seeing a 62% number under any circumstances shows a very, very deep-seated anger at the Democrat party as a whole and the leadership in particular.

Just more evidence of the political TNT that is coming the Dems way in less then 8 months.

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First Al Sharpton opened his big yap on Sunday by saying that Americans “voted for socialism”. Now another Political Upskirt Moment from another leftist blatherer.

Appearing on the Paul W. Smith show today, Dingell had the following to say: (Hat Tip – Red State and ASPF)

Just keep it up, Dems. You are writing the GOP’s campaign ads for them.

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Appearing on Bill O’Reilly’s show, columnist Charles Krauthammer warns that the health care bill is woefully underfunded and that after the elections, the president’s Deficit Reduction Commission (an oxymoron if there every was one) will recommend a national sales tax or VAT.

He also predicts that those eeeevil insurance companies will assume the role of the “public option” and will essentially play the role of revenue collector for the federal government and act much in the same way as public utilities.

Hat Tip: Hot Air

Well, we can be assured of one thing. 95% of the American public will see their taxes and living costs rise and rise a hell of a lot if a VAT is ever adopted.

On the other hand, I think this will be a moot point, since there will probably not be enough Dems to fill a phone both after November.

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