Supreme Court Bound! Health Care Reform Law Unconstitutional

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by PoliticalChic, Dec 13, 2010.

  1. PoliticalChic
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    PoliticalChic Diamond Member

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    RICHMOND, Va. – A federal judge in Virginia has declared the Obama administration's health care reform law unconstitutional.

    U.S. District Judge Henry Hudson is the first judge to rule against the law, which has been upheld by two others in Virginia and Michigan.

    Virginia Attorney General Ken Cuccinelli filed the lawsuit challenging the law's requirement that citizens buy health insurance or pay a penalty starting in 2014.

    He argues the federal government doesn't have the constitutional authority to impose the requirement.

    Other lawsuits are pending, including one filed by 20 states in a Florida court. Virginia is not part of that lawsuit.

    The U.S. Justice Department and opponents of the health care law agree that the U.S. Supreme Court will have the final word.


    Federal judge in Va. strikes down health care law - Yahoo! News
     
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  2. Intense
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    Intense Senior Member

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    Step 1.
     
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  3. Liability
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    Liability Locked Account. Supporting Member

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    Wait. You mean the Commerce Clause CANNOT properly be read to tell us that we are OBLIGED to buy health insurance?

    Hell. If judges keep issuing decisions like that, sooner or later you know what we're gonna have to confront?

    That's right: actual liberty!

    Kudos to Judge Hudson. :clap2::clap2:


    :clap2::clap2::clap2::clap2::clap2::clap2::clap2:
     
  4. Foxfyre
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    Foxfyre Eternal optimist Gold Supporting Member Supporting Member

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    This is a good thing and may ultimately be what preserves our Constitutional government as many of us perceive it as intended to be. Or at least slow down the erosion of it.

    I hope we can keep this thread alive to use as the other suits in other states are decided right up to the time the High Court will be obliged to deal with it.
     
  5. blastoff
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    blastoff Undocumented Reg. User

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    At least a case will now be heading in the right direction so we can hopefully eventually get the SCOTUS to put Obamacare in the crapper where it belongs.
     
  6. Intense
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    Intense Senior Member

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    We also need to get past precedent, using logic and reason, there is nothing that is untouchable by virtue of it having already decided on in the past, not when it trespasses the boundary of legitimacy.
     
  7. Two Thumbs
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    Two Thumbs Platinum Member

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    Va. federal judge strikes down health care law - Politics - More politics - msnbc.com

    msnbc.com news services
    updated 10 minutes ago 2010-12-13T17:31:15

    WASHINGTON — A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

    Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.:clap2:


    Well whaddya know? The courts confirmed what many of us already knew.
     
  8. Meister
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    Meister VIP Member Supporting Member

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    I hope I don't see this healthcare bill end up being a tax.
     
  9. (R)IGHTeous 1
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    (R)IGHTeous 1 GOPROUD

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    The Obama administration’s requirement that most citizens maintain minimum health coverage as part of a broad overhaul of the industry is unconstitutional because it forces people to buy insurance, a federal judge ruled, striking down the linchpin of the president’s plan.

    U.S. District Judge Henry Hudson in Richmond, Virginia, said today that the requirement in President Barack Obama’s health-care legislation goes beyond Congress’s powers to regulate interstate commerce. While severing the coverage mandate, Hudson didn’t address other provisions such as expanding Medicaid that are unrelated to it. He didn't order the government to stop work on putting the remainder of the law into effect.

    Obama's Health-Care Law Ruled Unconstitutional Over Insurance Requirement - Bloomberg
     
  10. jillian
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    it hasn't "tresspasse[d] the bound of legitimacy" if it's been decided by the Court. and while it can be reconsidered, there has to be a basis for a reconsideration.

    i doubt the supremes are going to mess with the commerce clause...

    no matter what a dubya appointee says.
     
    Last edited: Dec 13, 2010

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