Following the revelation that Obama lied to the American people about "keeping one's doctor and insurance" we asserted that its enactment constituted fraudulent misrepresentation. Now, given the open substantiation of that fact by Professor Gruber and collateral sales pitch by Mr. Obama, it stands to reason that the law should be challenged, if not by the Congress, then through the court system. The fact that some people are being helped by the new law does not justify its retention. Further, if some sort of universal health coverage is deemed worthy of enactment by the American people, it should not be enacted by one political party "in the dark of night" as it was in the case of the ACA.
Fraudulent Misrepresentation is defined as:
"A false statement as to material fact, made with intent that another rely thereon, which is believed by another party and on which he relies and by which he is induced to act and does act to his injury, and statement is fraudulent if speaker knows statement to be false or if it is made with utter disregard of its truth or falsity."
Given that Mr. Obama oft states that his policies are to advance "justice."
But, consider this from Blacks Law Dictionary, "..fraud and justice never dwell together..." and "fraud and deceit should defend or excuse no man."
So, one of the architects of the ACA asserted in October 2013 that the Obama Administration engaged in deceit to induce members of Congress to enact legislation that no member had read. Which in an effort to push it through, then Speaker of the House Nancy Pelosi infamously stated, "we have to pass it to find out what's in it." Meanwhile the President repeatedly made false statements about keeping one's insurance and/or doctor. Despite opposition by more than sixty percent of the people as shown through polling, only congressional Democrats voted for passage. Passage of the legislation was eventually achieved by manipulation of House rules incident to a reconciliation action and swiftly signed into law.
Although the ACA was tainted by lies and manipulation when it made its way to the United State Supreme Court, Justice Roberts wrote in the court's decision,
"..Members of this court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our nation's elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices."
Now Americans have awakened to the reality of the Administration's methods and although the revelations come late that Democrat politicians have long practiced deception and lying as all in a normal day's work, their devious, deceptive and outright lying methods have been laid bare for all to see.
Significant issues are:
▪ The American people were lied to by their President and his political lapdogs, or in the alternative attack dogs to help achieve passage of the ACA;
▪ It was passed unilaterally by congressional Democrats; and,
▪ The "most transparent Administration in history" has been unmasked for using obfuscation and lack of transparency to foist a law on "stupid" (quoting Mr. Gruber) voters at a time when more than sixty percent of the American people did not want it in its proposed form.
Lying and deception is corrosive and destructive individually and eats at the fabric, the very character and soul of the Nation. Many Americans do not care, they only care about what's in it for them here and now, without regard to the effects that such behavior will have on succeeding generations as it turns terminally cancerous.
The Republican Congress must act to weaken, stop and then repeal the current law. What they are required to do will not be popular among Democrats and their allies in the media. There will be great pushback by those with a vested interest. However, if in the judgment of the American people universal healthcare of some design is considered appropriate, then Republicans must devise a bipartisan law that is less intrusive, less political and less corrupt; and one that is widely supported. Then and only then will the contemporary poisonous political atmosphere begin to wane.