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Just out: Judge Rules Health Care Law Is Unconstitutional

Judge Rules Health Care Law Is Unconstitutional - FoxNews.com

A U.S. district judge ruled Monday that the health care law unconstitutional because it violates the Commerce Clause

Judge Roger Vinson said as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be thrown out.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and
regulate this market. That has not been disputed in this case. The principal dispute
has been about how Congress chose to exercise that power here," Vinson wrote.

"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void," he wrote.
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Old 01-31-2011, 12:23 PM
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Here is another piece of crap they snuck into that Socialist bill...

Quote:
SALES TAX TO GO INTO EFFECT 2013 (Part of HC Bill)
REAL ESTATE SALES TAX
So, this is "change you can believe in"?

Under the new health care bill - did you know that all real estate transactions will be subject to a 3.8% Sales Tax? The bulk of these new taxes don't kick in until 2013 If you sell your $400,000 home, there will be a $15,200 tax. This bill is set to screw the retiring generation who often downsize their homes. Does this stuff make your November and 2012 vote more important?

Oh, you weren't aware this was in the obama-care bill? Guess what, you aren't alone. There are more than a few members of Congress that aren't aware of it either
Check it out at the link below.

ObamaCare Flatlines: ObamaCare Taxes Home Sales - Clobbers Middle-Class Americans - Blog - GOP.gov


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Old 01-31-2011, 01:02 PM
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It's on the way to the SCOTUS, nothing really new here in my mind.
Old 01-31-2011, 01:07 PM
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we might wind up with a public option out of all this...
Old 01-31-2011, 01:31 PM
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Everything is going according to plan...
Old 01-31-2011, 02:15 PM
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And the Supreme Court will be ruling on this...during the Primaries next year, or sooner...
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Old 01-31-2011, 03:51 PM
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Quote:
Originally Posted by RWebb View Post
we might wind up with a public option out of all this...
Might happen. Careful what you wish for GOP/Tea Party.
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Old 01-31-2011, 04:14 PM
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Highly unlikely.
Old 02-01-2011, 06:19 AM
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How can this be? I thought our President is a constitutional expert, taught the Constitution at Havud and was president of the Law Review, and an atty., and what else was he that may not be so true afterall? You would think such a genius as Obama would have come up with an iron-clad law. He's 2 for 4 and heading into the finals. Lets see if Holder and his DoJ blocks the fast track to the Supremes. In the meantime, a whole slew of executive orders and secret bureaucratic, sleaze-ball policy shenanigans undermine the country.
Old 02-01-2011, 06:39 AM
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Quote:
Originally Posted by RWebb View Post
we might wind up with a public option out of all this...
The house isn't going to pass that. And the senate with all those democrats up for re-election aren't going to pass that either.

We may end up with what was needed in the first place: tort reform, portability, and competition. Those bills would pass and could be written on three sheets of paper double spaced.
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Old 02-01-2011, 06:48 AM
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This is just going to fester like a massive boil.
Old 02-01-2011, 06:53 AM
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Quote:
Originally Posted by cmccuist View Post
The house isn't going to pass that. And the senate with all those democrats up for re-election aren't going to pass that either.

We may end up with what was needed in the first place: tort reform, portability, and competition. Those bills would pass and could be written on three sheets of paper double spaced.
Precisely.

The Dems are defending a ton of Senate seats in 2012 and will have Obama at the top of the ticket. I don't see them passing anything controversial from now on. Of course, the law never held the gov't. back from doing whatever the hell they wanted to do. But the money for this HC law just ain't there and won't be appearing anytime soon.
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Old 02-01-2011, 06:56 AM
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So now the White House is callingthis judicial activism Unbeleivable.
Old 02-01-2011, 08:58 AM
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They (WH) want to make the rules up as they go along.
Old 02-01-2011, 09:07 AM
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Part of decision of the ruling came from evidence found by a law clerk, a video of Obama, during the 2008 campaign, stating that an individual mandate was unconstitutional.
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Old 02-01-2011, 10:51 AM
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Focusing on one issue only, it doesn't seem like there can be any real dispute.

"Can the govt force, under penalty of fine or imprisonment, an individual to purchase a product, as a condition of simply being a US citizen and living in the US?"

As of now, that has never been done. The govt can force purchases as part of a *condition* for something. For example, paying a license fee to operate a business, or a car. You have a choice in those matters - if you don't want to pay for car license, reg and insurance, you can walk, ride a bike, take the bus, ride with a friend, etc. If you don't want to pay state bar dues, don't become a lawyer, etc.

This health care mandate is very, very different. There is no choice. It is no different than if the Govt were to mandate you purchasing a new GM car every 5 years, to help save the auto industry.

It is very surprising that so called "progressives" would even want to give the govt that kind of power. I thought progressives were for individual freedoms, and the govt staying out of private decisions. Forcing this kind of thing seems very "fascist," which I thought was the domain of Republicans, and opposed by progressives.
Old 02-01-2011, 11:01 AM
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If I were that judge, I'd slap the gov't. lawyer or solicitor general with contempt and jail for a WH smear campaign against me.
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Old 02-01-2011, 11:12 AM
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Quote:
Originally Posted by McLovin View Post
I thought progressives were for individual freedoms, and the govt staying out of private decisions. Forcing this kind of thing seems very "fascist," which I thought was the domain of Republicans, and opposed by progressives.
You need to review Progressive history. This is precisely what they do. I know they accuse the conservatives of many things, though.

The only place the Progressives and the Conservatives flip-flop is on sex and sex related things (abortion, gays, etc).
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Old 02-01-2011, 11:16 AM
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canna change law physics
 
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Oh and I find it ironic, that the same people who think there is a "Right to Privacy" in the Constitution, and this allows abortion, are the same ones who want all medical records housed in a central government database.
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Last edited by red-beard; 02-01-2011 at 11:19 AM..
Old 02-01-2011, 11:17 AM
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There is a "right to privacy" in the Constitution? I think I missed that day in Civics.
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Old 02-01-2011, 01:42 PM
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Old 02-01-2011, 01:42 PM
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