Death of a Thousand Cuts

2012 November 29
by drdog09

ObamaCare takes its first torpedo —

A federal appeals court today issued an order granting a motion for a preliminary injunction that temporarily blocks the implementation of the HHS mandate against a Missouri business owner.

The decision is the first occasion on which a pro-life plaintiff has secured a legal victory against the HHS mandate at the federal appeals court level. Most of the dozens of cases against the HHS mandate are still at the federal district court level.

The order, issued by a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, puts the HHS mandate on hold pending the outcome of the appeals process, prohibits the Department of Health and Human Services (HHS) from requiring the business owner, who contends the mandate violates his constitutionally-protected religious beliefs, to comply with the mandate which requires employers to purchase health insurance for their employees that includes coverage for contraceptives, sterilization, and abortion-inducing drugs.

The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, represents Frank R. O’Brien and O’Brien Industrial Holdings, LLC — a holding company based in St. Louis, Missouri, which operates a number of businesses that explore, mine, and process refractory and ceramic raw materials.


Its only the first one to hit the side of the ship. SCOTUS has already remanded another back to a lower court. There are three others winding their way thru the legal system. By the time they are done we might see that ObamaCare is like the Border Fence legislation — On the books and ignored.

57 Responses leave one →
  1. 2012 November 29 6:58 am
    JustMary permalink

    GOOD. I know that Hobby Lobby was actively fighting the mandate…and the way they worded a letter recently made it seem like they would shut the whole thing down rather than comply.

  2. 2012 November 29 7:32 am

    If any of these cases reach the SCOTUS, all we need to do is flip roberts to have the whole law thrown out,(non severability clause ETC) as I am sure the other 4 “justices” are chomping at the bit to deep six this fuster cluck. Hope springs eternal.

  3. 2012 November 29 7:35 am
    mulletover permalink

    I still have no understanding of why CJ Roberts made up a new law and declared the ACA mandate a tax, but since he did, it now violates the origination clause stating that taxing authority resides in the House, and only in the House. This was the senate bill copied onto a House bill number.

    I have hopes for that case reaching the court and Roberts having a change of heart. Yeah, right.

    That aside, the ACA is such bad law, it will be litigated for years. Hopefully, it will die of a thousand cuts.

    One would be all that’s necessary if the lack of a severance clause was recognized.

    Breaking…..Arizona just announced they will not set up a state exchange.

  4. 2012 November 29 7:41 am
    mulletover permalink

    Arizona makes a total of 17 states refusing to set up a state exchange.

    Auntie Sebellius got some work to do.

  5. 2012 November 29 7:42 am
    mulletover permalink

    This ain’t Kansas, Toto.

  6. 2012 November 29 7:43 am
    Mr Evilwrench permalink

    I wonder why it must be a religious objection. I’m not at all religious, yet I object to my money being used (among so many things) in the activity of murdering preborn humans. Where can I get my teeth and claws in?

  7. 2012 November 29 7:45 am

    If obammercare only applies to employers of 50 or more,the thing for a larger corp to consider, would be to re-incorporate into smaller 49 employee corporate subdivisions of the same holding company.This may allow them to dodge the bullet.There is no restriction on how many corps an individual or investment group can own,and each one can produce a facet of the overall product.

  8. 2012 November 29 7:47 am

    I wonder why it must be a religious objection~~evilspanner

    Because the 1st amend specifically spells out religious exemptions.

  9. 2012 November 29 7:53 am
    mulletover permalink


    IP, that would be what the IRS calls a controlled group (two or more business units having substantially the same ownership), and one cannot use that strategy to escape typical tax law.

    That being said, this is not typical tax law, and someone may give it a shot.

  10. 2012 November 29 7:56 am

    That being said, this is not typical tax law, and someone may give it a shot.

    Obammercare was never passed as a revenue law, so there might be a case here.

  11. 2012 November 29 8:05 am
    mulletover permalink


    That’s true, and it would probably depend on how it is written into the tax code.

    Treasury will write the regs, and the IRS is the enforcement agent.

  12. 2012 November 29 8:36 am
    drdog09 permalink

    Irony central — poor atheists, they will never be able to claim a religious exemption. Suckers….

  13. 2012 November 29 8:53 am

    Most atheists are leftists anyway, who would probably support obammercare.

  14. 2012 November 29 9:30 am
    Mr Evilwrench permalink

    I’ll give you that “most”, though I don’t claim to be atheist as such; I reject all the labels. Still rather hang around with Christians, though. So many atheists are just such assholes.

  15. 2012 November 29 10:03 am

    Asshole is a label 😀

  16. 2012 November 29 10:13 am
    drdog09 permalink

    Also a state of mind 🙂

  17. 2012 November 29 11:26 am
    MI Conservative permalink

    Roberts will never change and vote against anything in Obamacare.

    It is my belief the WH has something over his head and blackmailed him. Just my effing opinion but I truly believe it.

  18. 2012 November 29 11:43 am

    We can always hope ( I know, take a crap in one hand and hold out for hope in the other and see which one fills up first)

  19. 2012 November 29 2:27 pm
    drdog09 permalink

    Not that we need confirmation — — I feel for you folks in CA.

    If Oakies are people that moved from OK to CA during the dust bowl; what are people who moved from CA to TX called?

  20. 2012 November 29 2:42 pm
    Deckard permalink

    “If Oakies are people that moved from OK to CA during the dust bowl; what are people who moved from CA to TX called?”

    Depending upon where they move and the Texans that watched them move in, they might be called an “Infection”.

    There are certain places in the South (NC and the Atlanta area, for example) where hordes of people from up north, or out west have moved in, and dramatically changed the voting demographic in that area from red to purple/if not blue. The locals are pi$$ed about it too. That’s the problem with affordable real estate and a healthy business climate – you can always attract flies better with honey rather than vinegar.

  21. 2012 November 29 2:49 pm


  22. 2012 November 29 2:58 pm
    bc3b permalink

    Kongratulations Kalifornians –

    Your state has been named the worst run state in the country:

  23. 2012 November 29 3:20 pm
    JustMary permalink

    Our homeschool group took a trip here today to see how their machines are made. What a wonderful company they are!!!! Wish I had a reason to purchase one of their machines! Some day. Hubs has wanted his own restaurant for a while now.

  24. 2012 November 29 3:32 pm
    bc3b permalink

    JM –

    Make sure “Hubs” looks before he leaps. Restaurants are the most likely new business to fail.

  25. 2012 November 29 3:44 pm
    JustMary permalink

    #24 Tis why we’ve never done it. We did talk about buying this place around the corner from our house if Romney won, but that’s over now. It is a landmark restaurant here, always busy, and is for sale at a reasonable price- especially for the name. *kicks rocks*

  26. 2012 November 29 4:24 pm
    Wylie E. Coyote permalink

    “The trouble is, when a country’s founding mythos cannot be supported, even in terms of lip-service, by those who purport to lead, then the conversation that binds the electorate begins to fall apart. The corruption begins to become naked instead of hidden.”
    – Anthony Wile

  27. 2012 November 29 5:43 pm
    Wylie E. Coyote permalink

    Part of the “dirty deal” cut by Statist politcal master of both the oligarchy mobs (Ds and Rs) in D.C.: rig the election so that the D’s keep the WH & Senate and the GOP keeps the house…..

    The GOP will claim they have “compromise” yet again to keep lining the pockets of the Authoritrian state because they “lost” the rigged election….

    IMHO, both sides in collusion to keep “busting us out” (ie us common tax-slaves) just like the real mafia does……

    Further proof:

    “Perhaps stupidest of all is the idea of raising “revenue” instead of taxes. GOP politicians spout this nonsense all day long. You can’t claim to be against tax increases but then vote to “raise revenues” by eliminating deductions. How is that different? If my taxes go up, what difference does it make how it gets there. If I used to owe $10,000 to the IRS but now I owe $15,000, didn’t I just lose $5,000? Does it matter if tax rates went up or my deductions were eliminated? You can disguise your words, but you can’t hide the truth.

    Here’s some common sense for the economically ignorant in Congress. This entire Great Depression II was created by the collapse in residential real estate values. Reduce or eliminate the mortgage deduction for upper-income taxpayers, and you will automatically wipe out about one-third of the value of every high-end home in America. Entire upscale suburban neighborhoods will be decimated overnight. Foreclosures will skyrocket. Residential real estate will take a final dive, causing a new bank crisis. Wealthy consumers will slow their spending. We are looking at a total collapse of the U.S. economy caused by ignorant politicians. Unfortunately, some of those ignorant politicians are Republicans.

    Lastly, Republicans need to point to the EU as an example of high taxes damaging or destroying an economy. If higher taxes help an economy, why is the EU insolvent and on the verge of a Great Depression? Why aren’t Greece, Italy and Spain models of economic success?

    Just this week in the U.K. it was proven that tax hikes on the rich are a massive failure. England passed a new tax rate just for millionaires. The result? Either two-thirds of all millionaires left England in the past year or they all stopped working so they could lower their incomes below the threshold. Tax revenues plummeted. The economy is collapsing. The exact opposite of what the brilliant politicians expected, proving that Obama is dead wrong before we even put a higher tax rate for the wealthy in place. The results will be catastrophic, as our friends in the U.K. just proved.”

    Not stupid, nope they are CORRUPT and in collusion with the D Statists!

  28. 2012 November 29 7:04 pm
    drdog09 permalink


    You been here long enough to know my mantra about `the rich`. The Rich, have one very unique quality that the taxaholics in Washington fail to comprehend — they be portable. Not only themselves, but the wealth generators the propelled them there. Serge Brin is a prime example. Gave up citizenship to save a boatload of money.

    Sometime soon, somebody is going to annex something the size of Singapore and declare it a tax haven. No taxes on capital. An extremely low tax on income. Just sufficient to cover central services which is all nonunion and contracted out. The uber rich will flock there.

    Book it.

  29. 2012 November 29 7:10 pm

    Just think what Australia or new zealand could accomplish if they adopted that policy. Too bad they are firmly mired in the british disease.

  30. 2012 November 29 8:40 pm
    gnqanq permalink

    drdog – I remember reading that the Socialists knew that until America fell, socialism could not work. They believe that as long as ONE place remained free, socialism could never work. Not that it will work because the fundamentals are all wrong.

    We must connect like minded people and flourish where they spiral downward.

  31. 2012 November 30 4:30 am

    Our Teacher asked what my favorite animal was, and I said,

    “Fried chicken.”

    She said I wasn’t funny, but she couldn’t have been right, because everyone else laughed.

    My parents told me to always tell the truth. I did. Fried chicken is my favorite animal.

    I told my dad what happened, and he said my teacher was probably a member of PETA. He said they love animals very much.

    I do, too. Especially chicken, pork and beef. Anyway,

    my teacher sent me to the principal’s office.

    I told him what happened, and he laughed, too. Then he told me not to do it again.

    The next day in class my teacher asked me what my favorite live animal was.
    I told her it was chicken. She asked me why, so I told her it was because you could make them into fried chicken.

    She sent me back to the principal’s office. He laughed, and told me not to do it again.

    I don’t understand. My parents taught me to be honest, but my teacher doesn’t like it when I am.

    Today, my teacher asked me to tell her what famous person I admired most.

    I told her, “Colonel Sanders.” Guess where I’m going now…

  32. 2012 November 30 6:05 am
    drdog09 permalink

    When some lib says America is not in decline, point them here — — Heck, give them the first graphic.

  33. 2012 November 30 6:43 am
    drdog09 permalink

    This suit is going to shake the financial IT situation a little —

  34. 2012 November 30 6:54 am
    bc3b permalink

    BFG Football –

    Congratulations to Mullet! For the third straight year he has won the BJG College Division (either outright or shared championship).

    College Division Final Stsndings
    Mullet: 122-73/11-4
    Deckard: 117-78/10-5
    bc3b: 113-82/11-4
    MI Conservative: 97-98/9-6

    NFL Division
    RJH: 75-45/6-4
    Mullet: 75-45/6-4
    TLS: 72-48/6-4
    Deckard: 72-48/6-4
    bc3b: 72-48/6-4
    MI Conservative: 62-58/5-5

  35. 2012 November 30 8:03 am
    mulletover permalink

    Thank you, kind Sir.

    I shall bask in my win as the “cliff” draws near.

  36. 2012 November 30 8:46 am
    Deckard permalink

    Great job, Mullet. Next year, I’ll utilize my friend Professor Xavier’s mind to assist me (for those of you who are X-Men fans . . . )

    Who says the Arab Spring wasn’t a success . . . . transparency ABOUNDS in Egypt –

  37. 2012 November 30 8:51 am
    MI Conservative permalink

    I would have beat mullet but it wasn’t my fault. First, it was Bush’s fault. Any of them. Second, it was the hurricanes fault, and thirdly it was mullet’s fault for being so damn smart!!!

  38. 2012 November 30 8:52 am
    MI Conservative permalink

    And Brian, I just sent my pro picks in for this week. Three times because I can’t figure out my new email procedure— the last email I think it has them all.

  39. 2012 November 30 9:24 am
    drdog09 permalink

    House passes Student Visa reform bill —

    At least it is a move in the right direction. Orientation toward science achievement as a marker to get a Visa rather than good looks and other issues.

  40. 2012 November 30 1:15 pm
    JustMary permalink

    Been an insanely busy week. Just read this and thought….are we ahead of the game on Obama’s every move here on BJG????? We called this before the election in 2008 and have talked about it ever since!!!!!!

  41. 2012 November 30 1:17 pm
    mulletover permalink

  42. 2012 November 30 3:17 pm
    drdog09 permalink


    Has always been a consideration. However I don’t think it is as easy for the government to just take it as some Pols expect. First, most of it ain’t their money. At best they would only be able to claim the difference between what pay outs are on Sched A vs the deferment provided by the 401k. Second, such a move would be tied up in the courts for so long the government would not see the funds for years. Third, the political fallout would be so huge I don’t think either party would survive the backlash.

    Be that as it may, I cashed out a year ago. (Yeah you damn hypocrite Dog.) My guess is a first move would be the government scrapping Muni tax status just to test the waters. Besides it only the evil rich that invest in Munis right???

  43. 2012 November 30 3:29 pm
    drdog09 permalink

    I would seriously like to know now they intend to dispense both E10 and E15 fuel. Most of the fuel stations around these parts only have three grades of dispensing tanks. So a station either goes E15 or they don’t.

    Am I missing something??

  44. 2012 November 30 4:17 pm
    drdog09 permalink

    Get me the name of that vendor! — — When the IT gear has to positively stay up regardless.

  45. 2012 November 30 4:21 pm
    JustMary permalink

    #43 I don’t think the dems will have anything to lose by doing it, as their sheeple go along with whatever their masters tell them. They’ll just cry “Bush’s fault!” or “if it wasn’t for that darned Republican Congress” and all will be well for them. I don’t anything will wake this sleepy populace anymore. /eeyore

  46. 2012 November 30 5:11 pm
    Wylie E. Coyote permalink

    “After the disaster that was Tampa, I spent a little time reflecting, and then found a local candidate whom I could support. A great man was running for Sheriff against a corrupt democrat who has a long history of doing a poor job in office. Here, I thought, is my chance to fight for the GOP, and against the democrats! Can you guess what happened? There are nine County-wide elected officials where I live, five of whom are GOP. All of those save one endorsed the democrat incumbent over the Republican nominee. Due in part to the efforts of many Republicans – including a former Governor and a former District Attorney – the incumbent won.

    What lesson do you suppose this conveys? What reaction do you think the activist base has for actions such as this? It strikes me that instead of making changes and heeding cries for cleaning up the corruption, the wagons were circled by those benefiting from it. This corruption – in every institution of society, from the bottom to the top – will either be rooted out, or it will bring down our society.

    You may have heard about the “fiscal cliff” that is coming with the New Year. That cliff is nothing – it is a blip on the radar compared to the real cliff, which is the total destruction of the dollar, coupled with the drastic actions that will be taken as a response to the chaos that event creates”

  47. 2012 November 30 5:16 pm
    mulletover permalink


    They’re not happy in Gaza ..
    They’re not happy in Egypt ..
    They’re not happy in Libya ..
    They’re not happy in Morocco ..
    They’re not happy in Iran ..
    They’re not happy in Iraq ..
    They’re not happy in Yemen ..
    They’re not happy in Afghanistan ..
    They’re not happy in Pakistan ..
    They’re not happy in Syria ..
    They’re not happy in Lebanon ..


    They’re happy in Australia .
    They’re happy in Canada.
    They’re happy in England ..
    They’re happy in France ..
    They’re happy in Italy ..
    They’re happy in Germany ..
    They’re happy in Sweden ..
    They’re happy in the USA ..
    They’re happy in Norway ..
    They’re happy in Holland .
    They’re happy in Denmark .

    Basically, they’re happy in every country that is not Muslim
    and unhappy in every country that is!


    Not Islam.
    Not their leadership.
    Not themselves.


    AND THEN; They want to change those countries to be like….

    Excuse me, but I can’t help wondering…
    How dumb can you get?

  48. 2012 November 30 6:09 pm
    bc3b permalink

    Mullet #48 – Very true.

    How many women did you see in Muslim dress prior to 9-11.

    Who benefitted the most from 9-11? U.S. Muslims.

  49. 2012 November 30 7:14 pm
    mulletover permalink

    bc, I see them all the time.

    Greensboro is getting more like Dearborn all the time.

  50. 2012 November 30 9:58 pm
    Wylie E. Coyote permalink

    #41 & 43 I concur that the wise minds here at BJG had the dictatorship pegged pefectly even before it was foisted on us by the politcal oligarchy in 2008….

    But I disagree with that the gutless clowns in the politcal class would steal our wealth so blatantly…..

    As you point out, even the dumbest of brainwashed “citizens” of the USA can understand that taking someones 401k is theft and tax rates of 95% etc is akin to slavery to the State….

    So I maintain that the politcal class will maintain their theft throught there time-proven method: Printing Money via the Fed!

    An increase in the Money supply is in effect a theft from anyone who saves and a tax on anyone who works since the extra money always creates wealth-stealing inflation…..

    Debtors always benefit from inflation…..and who is the world’s biggest debtor?

    The US Federal Government!

  51. 2012 November 30 10:41 pm
    Wylie E. Coyote permalink

    Judge Andrew Napolitano:

    Numbers don’t lie. From 1790 to 1913, when the federal government existed without a Federal Reserve to print money and lend to the government whatever it wanted, the value of the dollar rose by 8 %. From 1913 to 2011, in the 98 years we have had a Federal Reserve, the value of the dollar has decreased by 93%.

  52. 2012 November 30 10:43 pm
    Wylie E. Coyote permalink

    Americans for Freedom:

    BREAKING NEWS: OBAMA LOBBIES FOR COMPLETE POWER OVER THE US CONSTITUTION IN BUSH TAX CUTS DEAL — The press just reported the President Obama is demanding for Congress to give up their Congressional Powers to approve increasing our national debt and Federal spending. Obama is pushing for the US Congress to ignore the US Constitution and our checks and balances of having three branches of government. If approved the Congress will no longer be able to control spending and our national debt ceiling. In short, “We Americans” call that a “Dictatorship”. There is no way the Congress will do this without causing a 100% social and economic meltdown in America. Just the fact that Obama is pushing for this is very upsetting.

  53. 2012 December 1 5:49 am
    justrand permalink

    WEC, your comment #53 is spot on…and chilling.

    Of course, our worthless media will not report this as such. They will hail it as “streamlining government”. Which is, after all, true…dictatorships ARE the ultimate in “streamlined governments”.

  54. 2012 December 1 6:22 am
    drdog09 permalink


    Yep. One must not only be prepped but also be prepared to work in the underground economy. How are YOUR bartering skills?

    Might want to read this —,0 , then do some research on System D. Its where we are headed economically.

  55. 2012 December 1 6:26 am

    The united states of dumbfuqistan can’t be far behind.

  56. 2012 December 1 7:12 am
    justrand permalink

    drdog, a Price of Freedom based on your comment #55 will be up shortly! 🙂

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