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Mark Levin Readies Lawsuit on Slaughter Rule

Liberty at risk, says talk show host, as he prepares suit against Obama, Holder: "Deem and pass" or "Demon Pass"?

Not so fast.

Democrats poised to use the so-called "deem and pass" strategy to force through a health care bill will have to deal with Mark Levin first.

Levin, known to his fans as one of the most popular talk show hosts in the country, is also both a legal scholar and longtime president of the Landmark Legal Foundation, a nonprofit, public interest law firm A former chief of staff to Reagan Attorney General Edwin Meese III, Levin is the author of two New York Times bestselling books on the Constitution and the judiciary, the last, Liberty and Tyranny, at number one for a dozen weeks.

The lawsuit will name President Obama, Attorney General Eric Holder and "other relevant cabinet members" as defendants. Those cabinet members are Treasury Secretary Timothy Geithner and Health and Human Services Secretary Kathleen Sebelius.

Levin's goal? To stop the government from "instituting this unconstitutional contrivance."

Said Levin:

Landmark has already prepared a lawsuit that will be filed in federal court the moment the House acts. Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn't. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.

The "Complaint for Declaratory and Injunctive Relief" begins by noting that "Landmark's employees receive healthcare through an employer healthcare plan sponsored and contributed to by Landmark."

In a move that would be hilarious if in fact it weren't so serious, Levin lists the specific section of the U.S. Constitution ("The Bicameralism and Presentment Clause of the Constitution of the United States") and cites the fact that it "mandates that 'Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States.…'"

The suit cites the source precisely as "U.S. Const. art. I, § 7, cl. 2." Which is to say, Levin is compelled to point out to the President of the United States and the Attorney General of the United States what every American school child learns in those little pamphlets with catchy titles like "How a Bill Becomes a Law." To wit: Both the House and the Senate must pass the bill before it can be signed into law by the president.

Levin goes go with this cite: "Article I, section 7, clause 2 further provides: '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.'"

The lawsuit goes on, saying:

In or about March 2010, the Rules Committee of the House proposed a rule to the full House establishing the terms and conditions pursuant to which certain legislation would be considered by the House (the "Rule" or "Slaughter Rule"). The Rule provided that, upon adoption by the House on a vote of the yeas and nays of one bill (the "Reconciliation Bill"), an entirely different bill, H.R. 3590 (the "Senate Bill") would be "deemed approved" by the House.

If Nancy Pelosi twists enough arms to get this "passed" the lawsuit, in decidedly legal language as dry as it is un-Levin-like, says:

In or about March 2010, the House approved the Reconciliation Bill. The House has never voted on the Senate Bill. The President has stated his intention to sign into law the Senate Bill upon presentment to him.

Page: 1 2  

topics:
Mark Levin, Landmark Legal Foundation

About the Author

Jeffrey Lord is a former Reagan White House political director and author. He writes from Pennsylvania at jlpa1@aol.com.

Letter to the Editor View all comments (149) | Leave a comment

Noir| 3.18.10 @ 6:40AM

Mark is also known to his fans as "The Great One".
Good luck Mark with this endeavor - get out there and "school" these folks on our beloved Constitution!

shelley lehigh| 3.19.10 @ 9:04PM

I am totally behing Mr. Levin and listen to him daily. Thank God there is someone like him to speak for the regular people out here. I can't stand this healthcare bill and pray if it passes Mr. Levin can be the hero we need to STOP THIS from happening.

basur| 10.27.10 @ 6:00AM

There is a REASON our republic has survived these many years and Mark Levin is just one of many who cherish what our founders set forth.

Deborah D| 3.18.10 @ 6:44AM

Gotta love Mark Levin. He's feisty and passionate -- two qualities (along with his highly superior intellect) that I admire in someone who reveres the Constitution.

Obama, in his interview with Bret Baier last evening, basically pooh-poohed as focusing on "process" this unconstitutional overreach by Nancy Pelosi and her buddy Louise Slaughter. Why would we expect anything less from a so-called constitutional law professor who has only contempt for the Constitution.

I hope it doesn't get that far, but I'm comforted knowing that Mark Levin (the Great One) is waiting in the wings to battle with "the One."

Anthony| 3.18.10 @ 9:43AM

Good points Deborah D. As with all tyrants, process is a tedious little speed bump in the way of totalitarianism. As Stalin quiped, one death is a tragedy, a million, a mere statistic; such is the thinking of tyrants.
How positively Alice-in Wonderland like, that our president, an alleged constitutional law lecturer at the great Univeristy of Chicago Law School, deems a major Constitutional violation mere process. You folks at Chicago Law should hold your heads in shame, but then again, I suspect a good many of you hold a similar contempt for the Constitution.
Not to worry, Mark Levin will show you intellectualoids some real lawyering. Funny, only Democrats could fail to see the irony of the death of their party by the use of the slaughter rule.
Levin will make the Little Big Horn look like a picnic compared to what he will do to the Ds. At least at LBH, Custer's horse survived. Can't hold out the same promise to you Ds. Hope you "moderate" Ds have your resumes updated. Maybe you all will finally get a chance to do some honest work, Home Depot is a great place to work!! Hi !my name is Steny Hoyer, how can I be of help to you today!!!

Cheryl| 3.19.10 @ 2:05PM

While Mark is at it, is there any possible way that those who participate in this charade be impeached for treason against the United States?

Norma McGinnis| 3.19.10 @ 4:23PM

Yes, PLEASE is this possible to impeach these people? There has to be a way.

David Jack Smith| 3.20.10 @ 9:22AM

Norma... The constitution is very clear about the House impeachment and Senate trial process.

There will be no impeachment of, say the President in this congress, or the next congress.

People need to devote their energies to the doable and not the wishable.

The left spent 8 years ranting on about impeaching Bush. It was never going to happen.

MTB| 3.18.10 @ 3:42PM

He didn't "pooh-pooh" it process when he was a senator. He was pretty outspoken against it when a Republican was President. I hate democrats! VOTE THEM ALL OUT! All of them, good, bad or indifferent. If a democrat is running in your state, vote him/her out and put in a Republican. Send this arrogant SOB party a message they will NEVER forget.

FawnridgeFarm| 3.18.10 @ 6:50AM

Thank you, Mr. Lord, for informing us regarding Mr. Levin's intentions; and thank you, Mr. Levin, for this lauable legal effort to defend the sanctity of the United States Constitution. Should it prove to be unsuccessful, an informed, inflamed and resolute American electorate awaits to ensure that individual liberty will ultimately prevail.

Bellicus_Pium| 3.18.10 @ 6:52AM

The "Great One" stands for all Constructionists, both liberal, conservative and moderate.

There is a REASON our republic has survived these many years and Mark Levin is just one of many who cherish what our founders set forth.

Bridget| 3.18.10 @ 6:53AM

I am glad to see this happening - just last night I was discussing this with my husband - trying to figure out how the President could sign something that wasn't jointly approved with the exact same language by both houses of Congress. How can that be? How can it actually be a law? I was lamenting that this process they wish to use was not what was in the Constitution (I even made reference to my high school government class and School House Rock). Frankly, the argument that it was used before doesn't hold water either - shouldn't be used at all. In this case, it is being used on such a contentious issue that has ramifications for every single citizen of the USA - I hope they get butts kicked for this. I certainly will be paying even more attention at the ballot box this Nov and in 2012 (I already do lots of homework, but this situation makes me even more suspicious and diligent)

ShoppinJunkie| 3.18.10 @ 5:06PM

Bridget - School House Rock ROCKS!!! I bought the set for my daughter years ago. If ONLY we could get Congress & Prez to watch it, they might actually learn something.

Ret. Marine| 3.18.10 @ 7:00AM

And cheering we should be. This is a defining moment of our history. Maybe "We the People" should "deem" our Representative "done and cooked well" if they pass this monster under a bill proclaiming it " healthcare reform."
If these punks think for one muslim minute they will escape the wrath of We the People, well in plain language they are sorely mistaken. This is not going to go well or unnoticed by the very population of free individuals commonly called Patriots.
I am not yet convinced that Mr. Levin can stop this mess. I've read many opinions regarding the seperation of the three "seperate branches" and I am as confused as to their powers of interference between them. I am not a scholar by any means of any subject, I am a simple man watching in awe at such a blantent power grab by individuals who swore to protect the Constitution against all enemies, it appears that these same individuals are making themselves the enemy of We the People.
If nothing else, I await the first blows to this tryanny. Good for Mr. Levin, I applaud him for his courage and straigh up stance to the robbers of our liberties. I trust folks like Levin over these so-called politicians of today. One has to respect a man with principles over liars, or is this too "old school" for them to understand.

A Responsible American| 3.18.10 @ 9:09PM

This matter will end up before the Supreme Court. Pray it is while a conservative majority remain on the bench.

Pat Gordon| 3.18.10 @ 9:46PM

AMEN to that!!!!!!

AJ West| 3.18.10 @ 9:52PM

Concur, fully. When Mr. Levin decides to move on this, this is one former Navy pilot that is right there with the Marines to preserve our freedom.

Semper Fi,
"An Old Cold Warrior"

darcy| 3.19.10 @ 12:23AM

And we'll be standing with you, shoulder to shoulder, wing to wing.

Joe Hamilton| 3.18.10 @ 7:04AM

It's ironic. One of the few liberal magazines (most deemed it unworthy of a review) who reviewed Mark Levin's latest book, made a point of expressing their warped opinion, Mark was far from a legal scholar. Now the demorats (liberals) will painfully find out how wrong they were.

Brian Mc| 3.18.10 @ 7:38AM

Go for it, Mark! Next, might be we can talk him into attacking the seventeenth amendment which is at the root of all this evil...senators aren't concerned about their jobs any more (can you boys and girls say, Ted Kennedy?) just so long as they have enough sheep to pull the lever under the name they recognize the most.

Griff| 3.18.10 @ 7:47AM

Thank God for people like Mark Levin.
(Are we still allowed to mention God on the internet?)

Jim B| 3.18.10 @ 7:56AM

It the President signs this bill in knowing violation of the Consitiution, he has violated his oath of office and should resign or be impeached.

fbom| 3.18.10 @ 8:46AM

oh - please don't make it that easy for the new Congress

AC| 3.18.10 @ 11:28AM

Or perhaps physically removed from his office by a 5 million man march on Washington. Tar and feathers at least. I say God Bless you, Mr. Levin. But I think the rest of us need to be figuring out how to deal with this government other than talking about it. They don't care what we think and if they can get away with what they're trying, pretty soon our votes won't count either. It's a power grab and it has to be stopped before it happens or we're done.

Ret. Sailor| 3.18.10 @ 2:52PM

AC; I agree in principle with you and Ret. Marine but lately I've been wondering, is this precisely what Obama has been working for? An opportunity to declare a National State of Emergency and Martial Law? I know it sounds rediculous and in my 20+ years in the Navy I could never have contemplated a situation as we have now but before we charge forth with our weapons loaded we best be sure we can prevail.

AC| 3.18.10 @ 5:43PM

Ret. Sailor, you make a very good point. I'm worried about the resolve of the American people as a whole. I know we have many very good people here who believe as I do, but I think there's a general lack of courage that makes the idea of taking a stand perilous, but no less important. When Obama was running for office he said that this country needs "fundamental" change and he will succeed unless we stop him. You are absolutely right that it's imortant to understand exactly what we will face in the fight, but I'm really worried that if we just vent our frustrations online, O will win and America will lose.

Phil Kearny| 3.18.10 @ 9:00PM

I agree with all of you. If Obama willingly signs this unconstituional bill--knowing full-well as a Harvard-trained lawer what he's doing--he should resign. He won't, so impeachment will be the only recourse. Sad...

Christopher Holland| 3.18.10 @ 9:52PM

Sauce for the goose is sauce for the gander. I can't wait for the day when Americans say that they have deemed to pay their taxes. See how fast the wheels fall off the Obamamobile when that happens. What is he going to do - arrest everybody in the country? Not even Stalin could do that, although he gave it a good shot.

Mad as Heck| 3.18.10 @ 9:51PM

You are thinking the same thing I am; and I'm becoming more conviced of it every day. Why else is the 0 building up his civilian "army?"

Mad as Heck| 3.18.10 @ 9:48PM

Don't forget the rail to run him out of town on!

glassfinger| 3.18.10 @ 6:27PM

As written before, teh legal process to stop the socialists has begun. Some of us graybeards who once work the uniform are participating, but all of us are watching to see how this shakes out. If the legal process won't rid us of these criminals, other means will. Lexington and Concord weren't accidental events, and we're ready to do that again, if need be, and God willing.

Tony P| 3.19.10 @ 10:20AM

He won't resign - and who will impeach him?

Melvin| 3.18.10 @ 8:18AM

"Introduce a little anarchy. Upset the established order, and everything becomes chaos. The taxpayers are agents of chaos. Oh, and you know the thing about chaos? It's fair!"

The Joker, Dark Knight

Loadmaster| 3.18.10 @ 8:29AM

I would think that anyone who actively participates in this "Slaughter Rules" who be subject to Sedition. That would be left up the State AG's to make that determination. If the States are going sue..then that just might be part of their legal findings.

Regardless Mark Levin is right on course. Let's hope this bill gets shot down?

RetiredFed| 3.18.10 @ 8:36AM

Go for it, Mark! Perhaps the Dems will scare and not end up being "slaughtered". Makes one slightly optimistic, but watch out. They are ruthless.

Nick| 3.18.10 @ 8:51AM

Mark Levin and Hugh Hewitt are the two smartest Constitutional experts on the radio.

Ohiojb| 3.18.10 @ 8:57AM

Thank you Mark. You are correct. "It is never the right time for tyranny."

youfamissim| 3.18.10 @ 9:05AM

"Oh, what a tangled web we weave when first we practise to deceive..."
The Dems hold on power will end the next election cycle. If this bill passes, it will increase the losses for the Dems. I have this gut feeling the largest political losses in recorded history will soon come. But should this bill pass, the Liar In Chief (LIC) will remain in office and his impudence will surely increase when forced to confront the fruit of his follies. Killing this healthcare bill will not an easy task. But the means exists for Republicans to expose the left's hypocracy and place Obama and his party on trial in the court of public opinion.

I want Republicans to craft legislation that requires ALL government employees be enrolled in the new healthcare plan. The president, the congress, all agency employees, and the unions as they obtain - shall be subject to the healthcare remedy they find so intoxicating - no exceptions; no if, and, or but. It's only right they lead by example. I want to see the Dems in congress railing against the very bill they shredded the Constitution to achieve and then shoved down the citizenry's throat. I want the very same congressional tactics used to present the bill to the president. I want to watch the LIC squirm and refuse to sign the bill that requires him, his family, and pals in government, and all their families submit to the healthcare remedy they proscribed for the nation.

PERFECT!

MTB| 3.18.10 @ 3:51PM

Excellent comments, youfamissim! Right on in every aspect. If this nightmare of a bill passes, when the Republicans take control of the Congress in November, the first thing they should do is introduce a bill just as you stated. Then watch what happens.

darcy| 3.19.10 @ 12:49AM

At the end of a lengthy and mildly contentious phone conversation with one of my reps' staffers this afternoon, I forewarned her that if this bill passes, Americans will NEVER trust democrats with power again.

But to us here I say: Be ever vigilant -- a mere party label is no guarantee of a pols' fidelity to the Constitution.

37 states, most notably VA and Idaho, are doing their part in moving to counter demcare tyranny.

Sen. Coburn declares patronage a risky gamble for those lawmakers who sign on to trading their HC vote for future federal jobs: he will skewer them, and rightly so!

What are you, Sen. Kyl, going to do to stop this? This Arizonan is waiting to hear your creative solutions to stopping this egregious federal power grab, opposed by 55% of Americans -- many of whom compare our current circumstances with those that wrought the Declaration of Independence.

Giny| 6.30.10 @ 7:36PM

This is by far the best idea. If only it were possible. They have all been there to long padding their pockets and protecting their skins!!!!

Heatpacker| 3.18.10 @ 9:06AM

I wish to thank the Democrat Party for being completely open and honest in demonstrating its contempt for the United States Constitution. There can no longer be any doubt that a difference does, in fact, exist between the two major political parties. The Democrats have, in their blind arrogance, given the Republicans a political gift beyond measure.

coal carrier| 3.18.10 @ 9:14AM

To me, the question is why does this plan have to be pushed through so fast? Anyone from the left out there have an answer? I’ll tell you why. Obama, Pilosi and the rest of empty heads in Washington know that the general public does not want this particular plan. Obama knows come November, it could be curtains for his party. With this in mind they had better get it in place as soon as possible. Once an entitlement always an entitlement.

MTB| 3.18.10 @ 4:23PM

Correct me if I'm wrong, but I seem to remember that Obama or someone even said that. That they had to hurry and get the HC bill through before the Fall elections. And from what I'm hearing on talk radio, they think if they pass it now, the American people will forget all about the procedure, process, back-door deals, lies and obfuscation and put them (the dems) right back in office.

jd| 3.18.10 @ 9:39AM

GOD BLESS MARK LEVIN!

magua| 3.18.10 @ 9:46AM

Mark Levin once again demonstrates leadership and authentic devotion to our founding principles. He has become the "tip of the spear" leading this struggle to preserve our precious Republic. We need to stand shoulder to shoulder with him as he engages those who want to "fundamentally change America".

magua| 3.18.10 @ 9:47AM

Mark Levin once again demonstrates leadership and authentic devotion to our founding principles. He has become the "tip of the spear" leading this struggle to preserve our precious Republic. We need to stand shoulder to shoulder with him as he engages those who want to "fundamentally change America".

danR| 3.18.10 @ 9:58AM

If this idiotic mess of an unconstitutional bill passes, there will be mayhem in the many and varied ways that it will be attacked, both on constitutional grounds (legally) and legislatively, particularly after Jan.2011. I think there will be restraining orders filed by both individuals and states that will tie it up in court indefinitly. The federal government is not granted the power to mandate that every citizen buy a particular product or else face federal punishment. This can be overturned, but let's continue to pray that it won't have to be.

Ken (Old Texican)| 3.18.10 @ 10:20AM

Is this "Deem" thing merely a head-fake while the powers keep twisting arms and doing deals?

Let's not get too, focused, folks.
Keep faxing and calling reps.

Bob Miller| 3.18.10 @ 11:32AM

Ken, I think you're onto something. However, this is just stupid and evil enough for them to try if other methods fail. So defenders of liberty have to cover all bases.

MAJ Mike| 3.18.10 @ 10:28AM

When I took Political Science 1310 at a small regional south Texas university (alma mater of LBJ), I learned that legislation from the House and the Senate had to match exactly. To achieve that, a Conference Committee comprised of both Congressmen and Senators was required to produce a bill that would then be voted on by the seperate House of Representatives and Senate.

In observing the current situation, what am I missing in the process? THE ONE seems not to be interested in PROCESS, but process is what keeps things fair. Process is what allows the Opposition to gracefully accept defeat. When the process is bypassed, then the Opposition has grounds for non-cooperation and conintued opposition to the Majority.

Guess because I'm not a product of toxic Ivy League groupthink, I'm not sufficiently educated to understand what is going on.

The LibCong are over-reaching and will reap a whirlwind.

Ryan| 3.18.10 @ 10:46AM

Precisely. The American legal process is NOT just about what gets done, but it's the process in HOW something gets done.

The Dems breaking the process to get something done is tyranny, pure and simple. I don't think that it's much of an overstatement.

MAJ Mike| 3.18.10 @ 3:03PM

Thanks for the affirmation. I really did stay awake during that class, took notes, did the reading, and made an "A". I was begining to think that my Professor had it all wrong.

Could it be that this retired Army guy now teaching high school U.S. History has a better grasp of constitutional law than THE ONE?

Damn!

Robert C. Griffin| 3.18.10 @ 10:47AM

Dems seem to be pushing all-in with stupidity. If their attempt to rail-road the constituion is successful, look out for Cap & Tax and Immigration Reform(true name: amnesty)

@griffinrc

Melvin| 3.18.10 @ 10:50AM

If this, "Thing" passes, what are we are prepared to do?
Are we going to just keep running our mouthes, as does the politicians, or are we going to respond with something of substance?
If we as a Nation let this stand, then as Nancy Pelosi stated, "All we need to go is kick the door down," will become the standard fare for Amnesty, and the Climate Chane Bills that have been silently chugging along on a parallel course.

Ken (Old Texican)| 3.18.10 @ 11:55AM

Melvin,
I pretty much think it depends on what happens in November. Until then we keep our cards close to ye olde vest.

Joe| 3.18.10 @ 12:11PM

I hope he sues no matter what. The "Reconciliation" is an unconstitutional process to pass this bill as well. This is according to Robert Byrd a sponsor of the bill 30 years ago. Finally, it is unconstitutional to force the American people to pay/buy something, or pay taxes insurance, without there consent.

Conservative Attorney Scholar| 3.18.10 @ 12:13PM

I want the lawsuit to succeed. HOWEVER - The"enrolled bill" doctrine from the Supreme Court decision in Marshall Field & Co. v. Clark, 143 U.S. 649 (1892), will likely prevent the courts from looking at a bill that has the signatures of the president of the senate and the speaker of the house, even if there was fraud in the signing. Pelosi and Reed are capable of the fraud, and the courts may defer by giving deference to a co-equal branch of government. It's enlightening to read the Marshall Field decision - and depressing - to think that Pelosi/Reed/Obama will get away with this. I would not rely on the courts to set things right unless the court chooses to overturn the enrolled bill doctrine (unlikely). It's important to stop congress now.

MTB| 3.18.10 @ 4:27PM

I think that's the whole point of the suit, to present to the Court that the bill was not passed legally and lawfully, that Pelosi should not have signed the bill, nor should Pres Obama. If the Court agrees to hear the case, then the whole process is opened up to legal scrutiny. The three powers are a checks and balances to ensure that not one branch of government is more powerful than the other. If the House "deems" this bill as passed, the Supreme Court has an obligation to ensure the House (and Senate) obeyed the law.

AuntieMadder| 3.20.10 @ 2:05AM

Well, geez. In case you're right and the courts won't look at this bill, could Levin cite some alternative acts of treason committed by Obamao & Co. as reasons to bring suit against them? No, I suppose the law doesn't work that way and requires, instead, a separate, expensive lawsuit for each crime they've committed against America. Too bad there's no bulk rate for filing numerous lawsuits as one.

DixHistory| 3.18.10 @ 12:47PM

I hope every Congress man, every judge, every person who took and oath or affirmed to uphold the U.S. Constitution and didn't, will be shown to be a traitor to the United States and our U.S. Constitution.

That includes George W. Bush, Dick Cheney and my own Republican Congress men and all our State governors.

Because Obama is not a Natural Born Citizen, They all know it is unlawful and all of them have helped it to happen including the so called news media. Therefore nothing citizen obama does sitting as an unlawful POTUS is legal.

http://homepages.rootsweb.ance...../obama.htm

Maddox| 3.18.10 @ 1:06PM

I fully support and appreciate Mr. Levin's attempt to save our country from the marxists who are trying an end run around the Constitution to take control of our country's economy.
If this is not possible, as Conservative Attorney Scholar suggested, could the American people petition to have the Obama administration removed in a move similar to the Hondurans last year?

Bruce| 3.18.10 @ 1:22PM

Past and present Presidents and Congresses have stepped all over our Constitution so many times it has ceased to be a guiding document for these swine. Someone show me where in the Document it is allowed for the President to make law by signing "Executive Orders" by fiat? Orders that neither the Congress nor the People can over-rule, and in many cases don't even have knowledge of.

The Republican Heretic| 3.18.10 @ 1:27PM

Trackback: http://republicanheretic.wordp.....obamacare/

Michael A. Gabel| 3.18.10 @ 1:42PM

I stand with Mark Levin in this effort, and in all of his efforts to preserve the US Constitution.

I do believe that if Obama signs the "deemed" passed bill into law, then he has violated his presidential oath and has committed an impeachable offense.

Still, I believe Pelosi will do the evil deeds necessary to secure an up or down vote. It is shameful really, but given the current unchecked status of the federal branches, I am seeing things I never thought possible in this country.

If we go down, we go down fighting. Continue to contact your representatives and senators.

Jon| 3.18.10 @ 1:46PM

I don't know about anyone else, but I wish Obama would lose his unmitigated preoccupation with job creation and do something more worthwhile, such as make his sweet sixteen picks. I mean, really, how long do we have to wait?

MTB| 3.18.10 @ 4:29PM

I'd say about 3 years and 7 months.

r.j. callahan| 3.18.10 @ 2:15PM

As all the previous comments of support above, this household, also, stands behind you, Mark. Good luck in over turning this legislation.

DADZRITES| 3.18.10 @ 2:50PM

What the current statist administration is doing has been going on in the family courts of this country for the past 25-30 years (denial of rights, breaking up of families, draconian enforcements, imprisonment for debt, ignoring of redress of grievances, downplaying demonstrations at courthouses, etc.). But now, it has escaped Pandora's Box and is affecting the entire society under the current socialist-statist administration.

Apparently, the only thing statists will observe will be physical confrontation using the Confrontation Clause. We may need to show up at the White House with pitchforks and torches (or armed to the teeth). When government ignores the legality and constitutionality of its processes and procedures, the only thing left that they will understand is a massive confrontation with its people.

MAJ Mike| 3.18.10 @ 3:09PM

I prefer 7.62mm NATO rounds and .45ACP to pitchforks and torches.

"...whenever any form of government becomes distructive of these, it is the right of the people to alter or abolish it."

The oath I took in 1976 to defend the Constitution against all enemies, foreign and domestic, is still valid.

There's many more like me out here. The DemCong ignore us at their peril.

darcy| 3.19.10 @ 1:14AM

" . . . it is the RIGHT of the people to alter or abolish it."

We join our forebears in exerting this RIGHT.

Right to federally directed health care insurance? Not so much. Zip, nada, none. What part of NO can't they understand?

John II| 3.19.10 @ 1:59AM

Whoa. 7.62 mm NATO. I haven't heard that kind of talk in 40 years. We were trained with the M-14 back then, and I was still serving when they switched to the M-16 in Germany, and I got stuck with the job of training our unit in its use. Didn't like it. The small caliber bullet driven by the heavy charge would tumble in flight and shred whatever it hit. The M-16 was just a dumb-ass man-killer with plastic stock (manufactured by Matel, as I recall) stuck to what was otherwise just a friggin' Colt machine-pistol. The M-14 was the last standard Army issue with class; the 20-round clip gave it war-making authority, but it would work just as well as a deer rifle. In Basic, I shoot expert with it, no problem. It just did what you told it to do. It was a gentleman's weapon.

Hardcard| 3.18.10 @ 2:59PM

Thank You Mr. Levin and May God Bless You.
You are truly; A Man of the Law.

Oldefarte| 3.18.10 @ 3:16PM

His lawsuit is narrowly based upon the 'DEEM' concept; so if the Democrats BREAK ENOUGH ARMS to pass a House vote, there is still the possibility of a numerous collection of individual states Attorneys General filing a federal lawsuit based upon the constitutionality of the legislation's mandate that forces everyone to purchase insurance. Additionally, I'm disgusted at Republican congressmen for their lack of guts/courage in this matter. Even though they're in the minority, they could still initiate some in house type congressional attacks [ie say an impeachment proceding against Obama,etc] that would wreck havoc in congress and delay the Democrats actions on this legislation until we conservative citizens/voters could hopefully take back our government with the November elections. The Republicans are simply being gutless as usual in not fighting these corrupt Democrat tactics mono-e-mono style!!!!

MTB| 3.18.10 @ 3:45PM

You know, I was just thinking. All thes HC supporters who are waiting on baited breath for their "free" health care. They're going to be pretty upset when they find that yep, it's free, but the quality sucks, or they have to wait weeks or months to get treatment. They voted for an empty suit who is doing nothing more than destroying this country.

DTCOFAZ| 3.18.10 @ 3:47PM

Mark Levin is the American' Hero! We need more courageous people like Mark to protect our Great Nation from this tyranny administration Obama/Holder/Pelosi/Reid.
The Republican party needs to confront with this administration more aggressively on the behalf of the majority of American people.
The people that stood by Obama and cheered him in OH when he said " the employer would get 3000.00% rate decrease on health insurance .. That's depressingly amazing!

CactusJack| 3.18.10 @ 3:59PM

CoalCarrier, you discerned intent about as well as anyone has - why is there such a rush here if everyone just truly wants to get it right? Answer is obvious, your analysis comes from a long ago age of ladies and gentlemen to which we at least aspired. Now we are seeing an age of thiefs and thuggery in DC, the Dems are stiffarming with one arm and pickpocketing with the other hand, fast as they can before the cops show up. Gotta fight back. Sen. Coburn getting out the "switchblade" this afternoon big step right direction.

Anthony| 3.18.10 @ 4:15PM

So, the first shot in the 2nd civil war has been fired; according to NRO, Congress has just upheld the use of the Slaugher rule 222 to 202. May God have mercy on us and on what is about to happen to America.

Clinton Lovell| 3.18.10 @ 5:10PM

Like the first civil war, they fired the first shot but we will surely fire the last. The only question is how long will it be until the actual bullets start flying and bombs start falling. I see Greece and I see what we are doing now and it tells me that a lot of suffering is coming and if we don't want it to be us then it has to be them.

Michael Tomlinson| 3.18.10 @ 5:13PM

The father of American capitalism Alexander Hamilton once wrote, "If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be, an inviolable respect for the Constitution and Laws - the first growing out of the last.... A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government." His political nemesis Thomas Jefferson stated without reservation, "When the people fear their government, there is tyranny; when the government fears the people, there is liberty." It is evident that the quasi despots of the Democrat oligarchy do not respect the Constitution or adequately fear the American people. . . Democrats seem intent not only in destroying the greatest health care system in the world, but virtually shredding the rule of law and the Constitution in their quest for power. How can we resist this headlong rush to soft despotism when the Constitution is flouted and the people's will ignored by condescending, arrogant and capricious Democrats?

Mark Levin and the Landmark Legal Foundation are taking one track, the state of Virginia is preparing to sue, Bobby Jindal and Rick Perry have talked of nullification, the Tea Party movement can host rallies that shut down DC, local citizen in districts with traitorous Congressmen can insure their visits home are unpleasant and outraged Americans can go to the polls and vote for Republicans in November who in 2011 will deem the House's quasi vote for Obamacare null and void. In a few words we must make the Democrats fear the American people and let them know we're not going to take their betrayal of this country anymore!

Mary Carolyn Perry| 3.18.10 @ 5:56PM

Mark Levin needs all the "God Bless You's" I have read here , for he is one of the worse people I ever heard...arrogant and rude and completely ready to bend the truth to his own desires. To call him the GREAT ONE is ridiculous..he is great at acting like jerk! If our country has sunk so low that so many of you think he is a constitutional scholar...we are in bad shape. I say ..where was he when Bush and Cheney were re-writing the Constitution and as a result, so many people died and so much money went into Blackwater, Haliburton, Brown and Root and any other of their slimey co-horts in the Iraq massacre?? I am proud to have Barack Obama as our president and pray that he accomplishes his goals and help to clean up many of the messes he had thrown in his lap by Republicans! He is a man of rare quality and knowledge and I think he will go down in history as such!

Nick| 3.18.10 @ 6:26PM

GET OFF THIS BLOG, YOU BIG DOPE!!!

Nick| 3.18.10 @ 6:29PM

I've been waiting all day for just the right comment to post that!

Tee-hee! (smiles like Calvin and Hobbes)

Michael Tomlinson| 3.18.10 @ 8:55PM

Mary have you ever read the Constitution? What of Obama giving his big donors no bid contracts? You may not like Bush and Cheney, but they did not flout the law. Barack Obama is a Hugo Chavez wannabe, but true Americans will not be cowed by this tin horn tyrant.

Nick| 3.18.10 @ 9:03PM

Mr. Tomlinson,

"You may not like Bush and Cheney, but they did not flout the law."

Tsk, tsk, tsk.
Now, you know that line is going to cause at least a few bleeding heart libs to stroke out, don't you?

Eric Holder might try to prosecute you for murder! Ha-ha!

NeilBJ| 3.18.10 @ 9:47PM

You have a point except that you seem to be advocating a double standard.

In principle the Constitution is not a menu. Conservatives should not ignore the parts they don't like, and liberals should not ignore the parts they don't like.

I agree that Bush/Cheney violated the Constitution. Does this mean its all right for Obama and his Congress to ignore the Constitution, too?

The bottom line is we're in the mess we're in because the Constitution has been ignored in so many ways by both parties.

B Brewer| 3.19.10 @ 1:35PM

He will go down in history as the man who tried , and by the Grace of God ,FAILED to take control of our country and rewrite our constitution.

wpnspr| 3.18.10 @ 5:59PM

Obama and his henchmen have now sown seeds of the worst kind,and it,s going to come back to them. Meanwhile, I'm tired of all the talk.Are we going to talk about this all the way to 2012?Let's do this...let,s pray him out of office,even if you don't believe in God.Every day,just do it,Let,s get this over with.

dcd| 3.18.10 @ 6:05PM

Just because the plain text of the constitution clearly states that both house and senate must pass the bill doesn't imply that that is what was intended anymore than the plain text of the establishment clause means that a bill can't be passed establishing state religion (see blackwell's article).
The constitution isn't a set of rules, just some guidelines to follow if convenient.

maverick muse| 3.18.10 @ 6:24PM

Thank you, Mark Levin!

MARK Levin Fan in Michigan| 3.18.10 @ 7:27PM

Get 'em, Mark. Set up a PayPal button for contributions to the cause and go get 'em.

2old2givea| 3.19.10 @ 2:33AM

There's a button on LL's hompage: http://www.landmarklegal.org/DesktopDefault.aspx

Oda Mores| 3.18.10 @ 8:05PM

Levin is a malcontent racist serving up a stew of irritable vowel syndrome for you all to sick with irrational fear. Be afraid very afraid!
Take a bag mark!

Nick| 3.18.10 @ 8:13PM

What, exactly, is "irritable [VOWEL] syndrome"?

GET OFF THIS BLOG, YOU BIG DOPE!!

Michael Tomlinson| 3.18.10 @ 8:57PM

You're obviously an anti-Semite from MoveOn.org Oda! Obama is doomed and so is his nationalized health care -- in 2011 Republicans will deem it null and void.

AuntieMadder| 3.20.10 @ 1:46AM

How much does Move On pay you to troll sites like this one? Whatever it is, it's too much. Idiot.

Oda Mores| 4.19.10 @ 8:03PM

Auntie poo
Irritable Bowel Syndrome causes dirrhea. Which Dr. Levin has of the verbal variety. (Irritable Vowels...get it?) Your zealous dogma caused you to miss the pun, and the truth in the humor. Both Move-On and your beloved Levin acolytes lack these insights as you are all soldiers of hatred. Just look at the language and responses...

NeilBJ| 3.18.10 @ 8:12PM

I have one serious concern. Will Mark Levin be able to establish standing to sue regarding use of the Slaughter rule?

The judicial doctrine of standing -- and I say judicial, because it's not in the Constitution -- requires that the litigant show that he will suffer a particularized harm, that is, one that applies only to him and not to the population in general.

I profoundly disagree with the doctrine of standing, because makes it virtually impossble for a citizen to bring suit to enforce the Constitution.

David| 3.18.10 @ 9:24PM

Would this be considered a class action suit of the 300 million American people?

2old2givea| 3.19.10 @ 2:12AM

In a word, yes. You can read & dload the preliminary draft of the brief at: http://www.landmarklegal.org/uploads/Landmark Complaint (00013086-2).pdf

I'm NOT an atty., but it appears Mark and Landmark Legal and their attorneys are approaching it as a small business (Landmark Legal), which provides health insurance to it's employees and as such will be adversely affected.

AuntieMadder| 3.20.10 @ 1:49AM

That's a good question, NeilBJ. Standing, or the lack thereof, is what's those who've filed suits to see Obamao's birth certificate from prevailing.

Richard Baker| 3.18.10 @ 8:18PM

Oda Mores:
So you believe then that the Constitution means nothing and defending it is an act of irrationality?

Oda Mores| 4.19.10 @ 8:08PM

No. I do believe Dr Levin is hiding behind the constitution in the same manner Darth Cheney disparaged it with the (get this) Patriot Act!
I do also believe this blog is only interested in agreement, not challent to your narrow dogma. Arf!

David| 3.18.10 @ 9:22PM

I think Mark could use some donations, where to send them?

2old2givea| 3.19.10 @ 2:18AM

Donations can always be made to Landmark Legal here (there's a button): http://www.landmarklegal.org/DesktopDefault.aspx

There is also a link to the preliminary draft of the brief on that page.

Jeff| 3.18.10 @ 9:26PM

In the trash. That is where Mr. Levin's lawsuit is going to get thrown. Either Mr. Levin is an idiot or he is posturing because there is no way ANY federal judge is going to invalidate Obamacare. The Supreme Court has already ruled deem and pass a legitimate legislative tool.

More specifically, the House IS going to vote on the bill. Pelosi isn't desperately rounding up 216 votes for fun. What they are going to do is "deem" the Senate Bill passed and vote on the amendments simultaneously. Like at the same time. The vote is not technically for the Senate Bill but they will still be voting to "deem" it passed. Get it? So while you may not like it, and it may make you want to throw a tantrum and scream about how Obama is the Anti Christ, it is not unconstitutional.

But dont let me stop you, get out your credit cards and donate. Morons.

Nick| 3.19.10 @ 12:15AM

Jeff,

"The Supreme Court has already ruled deem and pass a legitimate legislative tool."

Care to cite an actual case?

Jeff| 3.18.10 @ 9:38PM

Here is Norm Ornstein from the AMERICAN ENTERPRISE INSTITUTE. "Any veteran observer of Congress is used to the rampant hypocrisy over the use of parliamentary procedures that shifts totally from one side to the other as a majority moves to minority status, and vice versa. But I can’t recall a level of feigned indignation nearly as great as what we are seeing now from congressional Republicans and their acolytes at the Wall Street Journal, and on blogs, talk radio, and cable news. It reached a ridiculous level of misinformation and disinformation over the use of reconciliation, and now threatens to top that level over the projected use of a self-executing rule by House Speaker Nancy Pelosi. In the last Congress that Republicans controlled, from 2005 to 2006, Rules Committee Chairman David Dreier used the self-executing rule more than 35 times, and was no stranger to the concept of “deem and pass.” That strategy, then decried by the House Democrats who are now using it, and now being called unconstitutional by WSJ editorialists, was defended by House Republicans in court (and upheld). Dreier used it for a $40 billion deficit reduction package so that his fellow GOPers could avoid an embarrassing vote on immigration. I don’t like self-executing rules by either party—I prefer the “regular order”—so I am not going to say this is a great idea by the Democrats. But even so—is there no shame anymore?"

I think he makes a very valid point. Conservative media, this magazine included, does a disservice to you, the reader. They inflame rhetoric and whip up the base so that no compromise is possible between the parties. The fact of the matter is, Obama's bill is a reasonable centrist effort at reforming our highly dysfunctional health care, which interestingly, is quite similar to the 1993 Republican plan. Probably never heard that. You may have legitimate policy disagreements but there is no way Obama's plan can, honestly, be construed as a Socialist plot which is going to destroy the country. Readers of this site should consider moving out their media cocoon and consider alternative viewpoints.

David Jack Smith| 3.20.10 @ 9:31AM

"Readers of this site should consider moving out their media cocoon and consider alternative viewpoints. "

You first Jeff.

PCP Smoker| 3.18.10 @ 10:41PM

Well written piece. Brother Levin and LLF, the last line in the sand before a citizens' revolt.

Jeff,
if you don't see the problem with ignoring the constitution, and "deeming" a bill passed when it wasn't voted on by the House, on this or any future issue, you are a fucking asshole drone and a moron who needs to be shot. I'll be happy to do it when the revolution begins.

Yosemeti Sam| 3.19.10 @ 12:54AM

And if a scenario presents where the SCOTUS
ultimately determines CONSTITUTIONALLY of this BHO/HR democrat led sinisterism - would it not then be especially sweet poetic JUSTICE upon the SCOTUS slapping down the same ignoramus who in-their-face MOCKED their 3rd Branch of Govt during his last SOTU spiel?

Larry| 3.19.10 @ 1:00AM

Oh, please, Jeff. This is a "centrist" effort at reforming our health care system? An effective government takeover of one-sixth of our economy that is going to cost at least double the CBO's preliminary estimate (they heavily qualified their assessment today because they don't even know what the reconciliation language is going to look like), based on the phony assumptions the Democratic House leadership gave them? You define the "center" way too far to the left, and you have no clue where the center should truly be. A more "centrist" effort would entail making more modest reforms, such as allowing insurance to be purchased across state lines, to allow more consumer-driven health care plans and actually increase the use of HSAs, and to use coordinated state risk pools (with some help from the Federal government) to deal with the problem of pre-existing conditions. This is not even close, not even close, and it is NOT reasonable.

For Conservative Attorney Scholar: I have read the case you cite, and it is indeed formidable. But it can be factually distinguished in one important respect: we are not dealing with an alleged "missing" section of legislation. The real issue in Levin's case (aside from standing, which will be a formidable enough issue, I don't know if his standing arguments will prevail) is whether the House of Representatives may, under its power to make its own rules of procedure, may "deem" a controversial item of legislation passed in the Senate to be passed by the House without a direct, official vote on the Senate bill. That is what the Slaughter Rule implicates, because reconciliation cannot take place under current Federal budget laws except in connection with existing laws, and because each House of Congress effectively passed their own measures without properly reconciling them through conference committee. So if standing issues can be resolved favorably, there may be a chance to win on this issue. I don't think it is a great chance, but it is a chance worth taking in my opinion.

John II| 3.19.10 @ 2:16AM

Good response. But I'd still like to know how much Jeff gets paid by the DNC to drift in and out of websites with Obama-style obfuscation. I'd like to get in on some of that action, being a shameless parent with stiff tuition bills that I need to pay off to keep my own kids out of the left's corrupt and dysfunctional public school system.

darcy| 3.19.10 @ 1:21AM

Thank you, Larry, for your valuable input.

Miss Behavin| 3.19.10 @ 1:26AM

Don't worry about Obama ever declaring martial law. He will mis-read his teleprompter and declare marital law and everyone will think it has to do with gay weddings or polygamy or marryrin' your mare..

2012 is just around the corner. Another interview with Brett Baier ought to do it. Maybe a Roundatable discussion with Brett Baier, Brit Hume, Charles Krauthammer and His Royal Haughtiness.

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Sue| 3.19.10 @ 1:59AM

Somehow I think he will not have standing.
We are being destroyed from within as promised.
Amazing we cannot seem to stop this Treason.

Sowell Disciple| 3.19.10 @ 2:05AM

I'm now viewing Mark Levin as a present-day John Adams. We are a fortunate nation to have such a voice, providing a chance of redemption after collectively casting the most disastrous vote in our history.

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k962| 3.19.10 @ 6:13AM

Mark Levin a patriot! Let em have it Mark!

jh| 3.19.10 @ 9:27AM

Why not have all the governors call a constitutional convention, only need 2/3 approve.

Aaron| 3.19.10 @ 12:03PM

Hell no! Can you imagine a constitutional convention whereby we replace the Franklins, Madisons, et al. with Pelosi, Reid, and the rest of the statist goons. In my opinion the risk to mischief which would fundamentally alter our society is much too great to countenance a constitutional convention.

Alan Jonas| 3.19.10 @ 12:40PM

It is with unbelievable relief that there is someone out there who has the courage and ability to prepare for this treason that is being perpetrated by the President, Congress and the Senate. Not only should there be a lawsuit, but these people should be IMMEDIATELY ARRESTED FOR TREASON and put in prison. This whole evolution of Obama's campaign for office and now the last year and few months of his being in office, just stuns and amazes me at the absolute blindness and stupidity of the American people by voting him into office. How America went DEAF, DUMB and BLIND to all the truth that was brought to our attention about him, the fact of the Socialist/Marxist/Muslim followings he pursued, somehow got swept under the rug. What was most humiliating to me was that my own people, after the annihilation of over 6 million of them in death camps and gas chambers, blindly voted for him and could not see the trappings of the very same raging evil from Hitler by following of the monotony of this mans regurgitated speeches that said nothing but lead everyone down a primrose path of stupidity. So just as the many Dictators of Europe crushed the countries around them, we have Obama, crushing America, something many have tried but failed. This is an insidious, evil, hateful man and THANK GOD FOR Mark Levin.

miss| 3.19.10 @ 1:43PM

God bless Mark Levin, go for it Mark!!!I agree with you Alan jonas. throw all these crooked polictians in to prison!! If Honduras can do it we can too!!! The feds can not mandate people to buy insurance. Lord have mercy on our souls if this horrible bill passes!!! I will go in to hiding!! It is the end of America as we know!!!

WAKE UP| 3.19.10 @ 4:17PM

Impeach. Now.

jen| 3.19.10 @ 10:12PM

I'll join the chant:

Impeach. Now.

AuntieMadder| 3.20.10 @ 1:43AM

Impeach. Now.

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David Jack Smith| 3.20.10 @ 9:27AM

Let's assume that the power-crazed, Lumpen Marxetariat cabal currently controlling the Democrats, in congress and the White House, succeed in their Demon Pass.

One minute after that vote, they are going to be buried in an avalanche of law suits challenging them on many levels. The one filed by Mark Levin and the Landmark Legal Foundation may make it to the Supreme Court..

Which makes me wonder: will Obama's egregious attempt to humiliate sitting justices, at his first State of the Union address, come back to haunt him?

His arrogant and classless remarks began with factual inaccuracies (as in: YOU LIE) about the 1st Amendment case. He then petulantly blathered on in a manner that can only be read as a DIRECT CHALLENGE to the constitutional role of the Supreme Court from the other two co-equal branches. That is: the SC as the final arbiters of what is, and what is NOT, legislatively constitutional.

Well guess what Mr President, opponents of the Democrats' instinctive totalitarian ideology are going to have their day in court. The Supreme Court.

Underpinning these cases will be a challenge to the idea that the Congress and the Executive can cook the legislative books to enact legislation contrary to the articles enumerated in the constitution; and also, as a byproduct, usurping the power of the Supreme Court.

I think even Justice Ginsberg will not go along with opening the door to unfettered legislative fiat that relies on being deemed passed.

And I suspect that at least five Justices, (the ones whom you insulted to their faces by lying about a decision they had just made), will not forget your worrying instinct to bypass the constitution at your will, Mr President. Well done.

Grandma| 3.20.10 @ 10:41AM

you go Mark, Thank you for your support of America, we can take this country back and certainly will with your knowledge and help. You and Hannity, Boortz, Cavuito, Rush and all the great brilliant ones are our hope for the future.

E Pennington| 3.20.10 @ 10:58AM

Thank You Mark!!! It is so ironic that in only one year all that, was so media driven about the greatness of this President is now out of their control. The tea parties are gaining momentum and the people's voices are starting to be louder then the elite media. For this past year we have watched our Consitution be stepped on over and over. Thank God for people like you that will lead the charge to get it back in step ,for the good of All Americans. Without our Constitution , America looses it's greatness, and we will loose ONE COUNTRY UNDER GOD!

IMPEACH THESE DIRTBAGS!!!!| 3.20.10 @ 11:43AM

Thank you, Mark Levin, for speaking for a majority of Christian, Conservative Americans who want our Constitution brought back into compliance. We need to totally clean Washington with bleach and start over. Those who voted for this "President" are beginning to see what he's really like!!!!!

Michele San Pietro| 3.21.10 @ 11:03AM

Because of Obama, freedom in the United States and in the entire free world is seriously at risk. Obama must be stopped before it is too late!

Lillian Partos| 3.21.10 @ 12:48PM

We the American people can not stand by while Obama destroys our county. Mr. Levin we are with you 100%. God bless you!

Lillian Partos| 3.21.10 @ 12:48PM

We the American people can not stand by while Obama destroys our county. Mr. Levin we are with you 100%. God bless you!

Stephen S| 3.23.10 @ 12:44AM

I am an American "person" Lilly and I couldn't disagree with you more.

Johnny M.| 3.22.10 @ 2:53AM

New World Order - 666 -

jinder| 3.22.10 @ 1:07PM

leving is going to do squat, he needs to get it out of his head, HE IS A NOBODY...what government wants is what government gets..unless the people rise and stop them..not some guy in his bunker.

Stephen S| 3.23.10 @ 12:41AM

Levin touts Goldline International incessantly on his radio show. Take a look at this "ripoof report about these scammers. http://www.ripoffreport.com/In.....-3ab95.htm
or how about this one http://www.ripoffreport.com/in.....-642f5.htm I don't see how anyone could call Levin "The Great One." His sophmoric and downright nasty name calling and his screaming and yelling totally devalue any arguments he tries to make. I personally find him to be a despicable human being.

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