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Author Topic: Florida Judge Rules Individual Mandate "healthcare" Unconstitutional  (Read 3666 times)
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GeronL
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« on: January 31, 2011, 03:16:23 PM »

Not justified by the Commerce Clause.

yay

...

http://www.myfoxdetroit.com/dpps/news/federal-judge-in-florida-strikes-down-health-care-law-dpgonc-20110131-fc_11666806

NewsCore) - A Florida federal judge ruled Monday in a 26-state challenge to the national health care law that the provision requiring individuals to purchase health insurance by 2014 or suffer a penalty is unconstitutional, Fox News Channel reported.

US District Court Judge Roger Vinson further declared the entire law is invalid because the individual mandate cannot be “severed” from the rest of the legislation. Therefore, since the individual mandate is unconstitutional, he said, the entire law must be considered a violation of the US Constitution.

It is expected the federal government will appeal that decision and seek an immediate stay while it takes its case to the federal appeals court. Ultimately, this case is expected to wind up in the US Supreme Court.

Source: Fox News Channel

« Last Edit: January 31, 2011, 03:19:41 PM by GeronL » Logged

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JohnBrowdie
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« Reply #1 on: January 31, 2011, 03:19:25 PM »

Federal judge says key parts of health care reform unconstitutional

A federal judge in Florida has struck down as unconstitutional key parts of the sweeping health care reform bill championed by President Barack Obama. Officials in Florida and 25 other states are challenging sections of the Patient Protection and Affordable Care Act, including the "individual mandate" requiring most Americans to purchase health insurance in four years or face stiff penalties.

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GeronL
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« Reply #2 on: January 31, 2011, 03:20:03 PM »

A Reagan appointee
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JohnBrowdie
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« Reply #3 on: January 31, 2011, 03:21:07 PM »

I am sure they will criticize the judge and ignore the substance of the argument.

A Reagan appointee
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GeronL
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« Reply #4 on: January 31, 2011, 03:24:28 PM »

I am sure they will criticize the judge and ignore the substance of the argument.


Leftists know they never win a debate with substance.
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JohnBrowdie
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« Reply #5 on: January 31, 2011, 03:29:01 PM »

the entire law has been "declared void".  and they identify the judge as a reagan appointee in the second paragraph

Quote
Judge Roger Vinson, a Reagan appointee serving in Pensacola, Florida, ruled that key components of the law are unconstitutional and that the entire law "must be declared void."

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GeronL
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« Reply #6 on: January 31, 2011, 03:32:05 PM »

the entire law has been "declared void".  and they identify the judge as a reagan appointee in the second paragraph

That is the way of the left. Have you ever gone to wikipedia to read entries on conservatives? They quote leftist attacks as if that were proof. Eagle Forum gets savaged pretty good as did "Project 21", a movement  from BOND.
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apples
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« Reply #7 on: January 31, 2011, 03:38:17 PM »

Quote
Judge rules health law unconstitutional

http://www.politico.com/news/stories/0111/48517.html

A federal judge on Monday ruled that the entire health care overhaul is unconstitutional, but he stopped short of ordering the federal government to stop implementing it.

Judge Roger Vinson ruled that Congress overstepped its legal bounds when it included the provision requiring nearly all Americans to buy insurance. Because the provision is key to the rest of the law, he declared the whole thing unconstitutional.

J Grin
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Stan In FL
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« Reply #8 on: January 31, 2011, 03:42:07 PM »

isn't there someone eric holder can prosecute, or not prosecute, or threaten to prosecute, to make this ruling go away?
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GeronL
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« Reply #9 on: January 31, 2011, 03:49:35 PM »

I guess it will be appealed to a federal circuit court.

I still think its a bad idea to put all the eggs in the SCOTUS basket though
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apples
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« Reply #10 on: January 31, 2011, 03:52:49 PM »

isn't there someone eric holder can prosecute, or not prosecute, or threaten to prosecute, to make this ruling go away?
I am sure is has been in the works. As long as obee is prezidnt deathcare does not go away.
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apples
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« Reply #11 on: January 31, 2011, 03:54:36 PM »

I guess it will be appealed to a federal circuit court.

I still think its a bad idea to put all the eggs in the SCOTUS basket though
I agree GeronL.
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Stan In FL
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« Reply #12 on: January 31, 2011, 03:57:56 PM »

how can this be?!?!?  teh one is a consitutional scholar?  (aka a guest lecturer, but the MSM will never tell you that)
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apples
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« Reply #13 on: January 31, 2011, 04:09:19 PM »

http://online.wsj.com/public/resources/documents/101410healthcareruling.pdf
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Stan In FL
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« Reply #14 on: January 31, 2011, 04:10:40 PM »

I wonder if joe biden still thinks this is a big flocking deal.
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