Mark Levin plans to sue if ObamaCare becomes law

Mark Levin, the popular conservative radio host and constitutional lawyer, announced on his radio show yesterday that he would immediately file a lawsuit if Democrats passed ObamaCare using the Slaughter Solution.

Levin's legal complaint quotes Article I, Section 7, clause 2 of the Constitution, which necessitates that, "But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively.” Levin plans to argue that because the House will vote for the reconciliation sidecar rather than the actual Senate bill under the Slaughter Solution, health care reform will have been passed unconstitutionally. The lawsuit, which will be filed by Levin's Landmark Legal Foundation, directly names Barack Obama, Timothy Geithner, Eric Holder, and Kathleen Sebelius.

Levin won't be alone. C.L. "Butch" Otter, the governor of Idaho, signed a bill today mandating the state's attorney general to sue the federal government if ObamaCare becomes law. Otter is specifically targeting the individual mandate, the unconstitutional provision that would force every citizen to buy health insurance or face a punitive fine. As we reported yesterday, other states are actually considering nullifying health care reform if it becomes law.

Obama nominates another radical judge with socialist ideas

Barack Obama's latest appellate court nominee, Professor Goodwin Liu, is an unabashed radical Berkeley leftist. Hot Air has dug up a number of radical quotes to Liu's name, and one, from his book Education, Equality, and National Citizenship, particularly stands out.

“The duty of government cannot be reduced to simply providing the basic necessities of life . . . the main pillars of the agenda would include . . . expanded health insurance, child care, transportation subsidies, job training, and a robust earned income tax credit.”

This is in sharp contrast to the Constitution, which provides for natural rights rather than material rights. You have the right to own a gun, but not the right to firearm funding from the government, for example. Everything granted in the Bill of Rights details something the government must not do, rather than something the government must do.

But for progressive legal scholars like Liu who don't view the government as a threat to liberty, the Bill of Rights is to be altered and expanded. Liu's views are reminiscent of regulation czar Cass Sunstein's call for a Second Bill of Rights. An idea that originated with FDR, such a canon would provide for certain material rights that must come from government. Roosevelt outlined them as follows:

"The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return, which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health."

In other words, the government would take responsibility for every aspect of the individual's life. This is called cradle-to-grave socialism, and it's supported by men as powerful as Sunstein and Liu. If a Second Bill of Rights can't be enacted through Congress, it can simply be enforced through court rulings.

Liu has been nominated for the Ninth Circuit Court of Appeals, one of the most progressive and overruled courts in the land.

Obama's Democrats move to pass health care reform unconstitutionally

CongressDaily reports on congressional Democrats' latest scheme to push ObamaCare across the finish line.

House Rules Chairwoman Louise Slaughter is prepping to help usher the healthcare overhaul through the House and potentially avoid a direct vote on the Senate overhaul bill, the chairwoman said Tuesday.

Slaughter is weighing preparing a rule that would consider the Senate bill passed once the House approves a corrections bill that would make changes to the Senate version.

The plan has been appropriately named the "Slaughter Solution" by John Boehner. Different groups of House Democrats are resentful of the Senate bill because it lacks restrictive abortion language and a public option. The Senate bill also contains controversial deals like the Cornhusker Kickback that House Democrats don't want to vote for. The Slaughter Solution would change congressional rules, magically considering the bill passed after the House voted to approve a series of corrections, rather than the actual bill itself.

The Slaughter Solution is also unconstitutional. The Constitution mandates that all revenue bills originate in the House. If Slaughter gets her way, the House will merely amend the current Senate bill, which means that the finalized ObamaCare legislation will have originated in the Senate. Obama's first major piece of legislation would become law unconstitutionally.