Florida Judge Rules ObamaCare Unconstitutional

[Trajan]

didn't they ( congress) consciously remove the severability clause ( salvatorius) ?

If I recall back in the X-mas push, there was a severability clause in the original bill, but the senate language was substituted for and added to in place of certain sections of the house bill (pelosi dropped the ball?) and the severability clause was not kept....I gotta get a link...

edit-

http://www.aclj.org/media/PDF/Virginia_Amicus_Brief_20100607.pdf

yup, it appears they did do something to drop it, page 19 by the doc. Number or 25 in acrobat count. Yes its an amicus brief but I really doubt they'd tell such a dangerous easily disprovable lie.

 

[Trajan]

"I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.

what tangled webs we wave...

and, you are bordering on heresy sir.

 

[Oddball]

i know. and there's no such concept in law.

it's bogus.

Sorry Jillian, servability has been a legal concept which has existed in the law for a very long time.

"Severability doctrine is well-settled. Once a court has concluded
that a statute contains unconstitutional provisions or applications, the
doctrine provides that the court should sever the unconstitutional
parts unless the legislature would not have intended the valid ones to
stand alone."​

http://docs.law.gwu.edu/stdg/gwlr/issues/pdf/Gans 76-3.pdf


Ultimately it goes back to Article III Section 2 of the Constitution, Severability Clauses are a means for Congress to establish for the courts "such exceptions" as they desire.



2000 pages and someone forgot to put the Serverability Clause in it?

>>>>

Ooopsie.

 

[Trajan]

"I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.

Yep, I specifically remember him criticizing Hillary Clinton and John Edwards for wanting to mandate the purchase of health insurance. Another one of Obama's many lies on the campaign trail.

this is what happens when you try to have it both ways on the spot, eventually you'll have to decide and live with the result.

Remember Hudsons decision, the previous judge,and his comment as to Obama said it was a fee, then its a tax, then is a fee again.....

 

[bigrebnc1775]

A federal judge has ruled that the health care reform bill signed into law by President Barack Obama in March is unconstitutional.

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."

MSNBC

We now have two judges who say it's unconstitutional and two judges who say it's not.

So much for this bullshit about obama being a Constitutional law school professor. Or even having knowledge of the Constitution.

 

[Trajan]

this is a hoot..


January 31, 2011 6:11 PM
White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism"

White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism" - Political Hotsheet - CBS News



ahh so noooooooooow its" Judicial Activism"


let me add a quote here....I am sure some of us will recognize...


"the chickennnns ...have come home...to Rooooossst"!!!

 

[bigrebnc1775]

This video if from a former obama supporter

 

[thereisnospoon]

A federal judge has ruled that the health care reform bill signed into law by President Barack Obama in March is unconstitutional.

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."

MSNBC

We now have two judges who say it's unconstitutional and two judges who say it's not.

hopefully the attorneys that present their case to the SC can make a compelling argument so that there will be a 5-4 decision to strike down Obamacare. There are 4 solid liberals on the Court so we cannot expect them to rule objectively.

 

[Big Black Dog]

I'm not a particularly smart individual but even I knew this crazy law the Democrats pushed down our throats was unConstitutional. Wonder how long it will take all the moonbats to come to the same conclusion?

 

[bigrebnc1775]

this is a hoot..


January 31, 2011 6:11 PM
White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism"

White House Fires Back at Ruling Declaring Obama's Health Care Law Unconstitutional, Calls Decision "Judicial Activism" - Political Hotsheet - CBS News



ahh so noooooooooow its" Judicial Activism"


let me add a quote here....I am sure some of us will recognize...


"the chickennnns ...have come home...to Rooooossst"!!!

You're not going to become a radical preacher are you?

 

[bigrebnc1775]

"I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.

Got to love those radical activist judges.

 

[SFC Ollie]

I think most of us knew this was coming. Even those on the left knew it. They won't admit it, but they knew it.

And it''s all good.

 

[Oddball]

I'm not a particularly smart individual but even I knew this crazy law the Democrats pushed down our throats was unConstitutional. Wonder how long it will take all the moonbats to come to the same conclusion?

Never...That's why they're moonbats.

 

[DiveCon]

i know. and there's no such concept in law.

it's bogus.

Sorry Jillian, servability has been a legal concept which has existed in the law for a very long time.

"Severability doctrine is well-settled. Once a court has concluded
that a statute contains unconstitutional provisions or applications, the
doctrine provides that the court should sever the unconstitutional
parts unless the legislature would not have intended the valid ones to
stand alone."​

http://docs.law.gwu.edu/stdg/gwlr/issues/pdf/Gans 76-3.pdf


Ultimately it goes back to Article III Section 2 of the Constitution, Severability Clauses are a means for Congress to establish for the courts "such exceptions" as they desire.



2000 pages and someone forgot to put the Serverability Clause in it?

>>>>

Jill?

 

[boedicca]

I'm not a particularly smart individual but even I knew this crazy law the Democrats pushed down our throats was unConstitutional. Wonder how long it will take all the moonbats to come to the same conclusion?

Never...That's why they're moonbats.

That's also why they are obsessed with chattering about Sarah Palin as a distraction.

 

[Ravi]

So...he ruled that medicaid wasn't unconstitutional but the health care bill is unconstitutional.



I cannot wait to see him declare medicare is unconstitutional...the republicans will be in trash bin of history.

 

[boedicca]

Medicare is funded with a tax. Taxation has been judged constitutional.

ObamaCare's individual mandate requires the individual to buy something from a company or face a fine. Even Obama said it wasn't a tax.

Hence, Medicare's constitutionality has no bearing on ObamaCare's, and visa versa.

 

[SFC Ollie]

chick-a-boom chick-a-boom don't ya just love it.

 

[Ravi]

Medicare is funded with a tax. Taxation has been judged constitutional.

ObamaCare's individual mandate requires the individual to buy something from a company or face a fine. Even Obama said it wasn't a tax.

Hence, Medicare's constitutionality has no bearing on ObamaCare's, and visa versa.

Face a tax...there is no real difference.

Oh, my...does this mean you support medicare.

 

[Dr.House]

no. if the court looks at a law, even if it decides that part is unconstitutional (which it isn't unless scalia and his buds continue to be hacks), then only the part that is unconstitutional is struck down.

The judge is citing the lack of a severability clause in the legislation for voiding the entire package.

i know. and there's no such concept in law.

it's bogus.

Severability - Wikipedia, the free encyclopedia

Severability clauses are also commonly found in legislation, where they state that if some provisions of the law, or certain applications of those provisions, are found to be unconstitutional, the remaining provisions, or the remaining applications of those provisions, will, nonetheless, continue in force as law.