Government-run healthcare can’t be sued in court

Government-run healthcare can’t be sued in court

King ObamaNext time a liberal Democrat justifies Obamacare as a better alternative than private insurance companies, remind them of sovereign immunity.

Before King Obama and his Royal Court of congressional Democrats passed the Patient Protection and Affordable Care Act, prospective patients weren’t forced enter into contracts with private health insurance companies they didn’t trust.

But if they did enter into a contract with a non-government company of any kind, they could sue for monetary damages for false advertising that induced them into the contract and for breach of the contract if the company didn’t abide by it’s terms.

Not so with with lies from the sovereign over government-run healthcare, DMV’s or the IRS.

The legal doctrine of sovereign immunity applies via the Common Law the United States inherited from England and dates back to the immunity of the Crown from civil liability or criminal prosecution for its wrongs. There are exceptions under federal and state laws, mainly for physical harm caused by government employees in the conduct of their duties, such as auto accidents caused by law enforcement officers, for example.

But if Kaiser Permanente or Blue Cross Blue Shield were to induce you to buy their product by making the following false promises, a court could cancel any policy contract you entered into in reliance upon the false promises and, in most jurisdictions, award you treble and/or punitive damages in addition to any payments made to the company:

Government-run means force.

Its akin to doing business with The Mob, which is probably the best approximation of another institution in America to the modern day liberal Democratic Party. How else do serial abusers of women and law firm records (Clintons), feminists, racial shake-down artists (Revs. Jackson and Sharpton) and Community Organizers of Hate-America Rev. Jeremiah Wright and Terrorist Bill Ayers coalesce except via an agreement to defend each others’ turf?

The only remedy for campaign lies is to impeach or not re-elect. One would think that after the Stimulus didn’t, before the Election of 2012; an electoral majority of the United States would have fired President Barack Obama, Senate Majority Leader Harry Reid and the latter’s Democratic majority.

Americans did keep the loyal opposition in charge of the House of Representatives which, thanks to Sen. Ted Cruz (R-TX), tried to force Obama and the Democrats to repeal, defund, delay or other wise protect patients from un-affordable acts of “care” by government-run hands. But alas, it takes too much courage for even Hero John McCain to shutdown the sovereign for more than a couple of weeks.

Yesterday, Obama Court Jester in charge of your health via inhumane services, Kathleen Sebelius said that any delay in Obamacare is “out of the question”. Somehow it wasn’t out of the question when the employer mandate threatened to prevent re-elections of Democrats, but I digress. Yet, some Democrats that face re-election next year in districts populated by enough non-government workers and non-union members not exempted from Obamacare, now declare that the ACA must be “fixed” or at least delayed. But President Obama doesn’t deem his greatest achievement to be broken.

But if he wants to be able to sneak out to the Rose Garden to avoid Michelle’s wrath while he eats BBQ and smokes a Newport without running into Sen. Mary Landrieu of the Bayou State, he may have to issue another kingly-order via executive (read illegal and unconstitutional) fiat; much as he did when he exempted Congress members and his and their staffs from Obamacare. At least this tea partier conservative hopes that any changes short of outright repeal are only via the word of the sovereign, lest Republicans be co-opted to partially own the ongoing train wreck before we can be positioned to replaced Obama and the Democrats as sovereign and return to We the People the power to make voluntary contracts.

Mike DeVine‘s @ Joe For

“One man with courage makes a majority.” – Andrew Jackson

Mike DeVine

Mike DeVine

Mike DeVine is a former op-ed columnist at the Charlotte Observer and legal editor of The (Decatur) Champion (legal organ of DeKalb County, Georgia). He is currently with the Ruf Law Firm in Atlanta Metro and conservative voice of the Atlanta Times News.


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