Florida Judge Rules ObamaCare Unconstitutional

[DiveCon]

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.

i guess they should have taken the time to READ IT

 

[Trajan]

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.

lets talk latin it sounds cool..........salvatorius clause,(Severability)-The severability clause is the name for a clause that regulates the legal consequences or the applicability of the remaining clauses of a contract when some clauses of a contract are or become ineffective or infeasible. The goal of the severability clause is usually to maintain the spirit of the contract as much as possible.

Severability clauses are sometimes used in statutes, to preserve the effectiveness of certain portions of the statute if some part is struck down as unconstitutional by a court exercising in judicial review.

Salvatorius clause | Ask.com Encyclopedia

and as we have discovered they themselves ( Democrats) alone were responsible for its absence, period. I am actually surprised as Obama said he was infinitely knowledgeable as to the bill that he, a constitutional proff.... oops, lecturer, didn't catch the omission.

 

[jillian]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

 

[Trajan]

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.

I am wondering you keep ignoring or glossing over the word mandate as in engaging in commerce by order. Besides I thought it was a fee?

 

[jillian]

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.

lets talk latin it sounds cool..........salvatorius clause,(Severability)-The severability clause is the name for a clause that regulates the legal consequences or the applicability of the remaining clauses of a contract when some clauses of a contract are or become ineffective or infeasible. The goal of the severability clause is usually to maintain the spirit of the contract as much as possible.

Severability clauses are sometimes used in statutes, to preserve the effectiveness of certain portions of the statute if some part is struck down as unconstitutional by a court exercising in judicial review.

Salvatorius clause | Ask.com Encyclopedia

and as we have discovered they themselves ( Democrats) alone were responsible for its absence, period. I am actually surprised as Obama said he was infinitely knowledgeable as to the bill that he, a constitutional proff.... oops, lecturer, didn't catch the omission.

that isn't what i meant. perhaps i didn't make myself clear. there is NO REQUIREMENT IN LAW THAT THERE BE a severability clause. I know what such a clause is. they do cover such things in con law classes.

 

[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.

I am wondering you keep ignoring or glossing over the word mandate as in engaging in commerce by order. Besides I thought it was a fee?

Medicare isn't a mandate?

 

[Trajan]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

well, if thats so then you ought to shoot off a letter to the Wh, they are now in full lather over judicial activism. aside from that it seems to me that any time a fed judge rules oh like the fellow in Az. that sppts a left wing view, that, matters and carries great import among the chattering classes of which we ALL are part, but, all of a sudden this doesn't.

 

[jillian]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

well, if thats so then you ought to shoot off a letter to the Wh, they are now in full lather over judicial activism. aside from that it seems to me that any time a fed judge rules oh like the fellow in Az. that sppts a left wing view that matters and carries gret import among the chattering classes of which we ALL are part, but all of a sudden this doesn't.

that's your characterization. i don't share it.

like i said, two courts said yea, two said nay. that's life.

no matter how happy the rightwingnuts are.

 

[The Infidel]

What lies?

Apparently the authors of the bill didn't think about the Constitutional ramifications of, well, ramming it down our throats....


0bamacare is now officially unconstitutional...

the law isn't unconstitjutional by any measure given prior precedent.

what lies? really?

that it's 'job killing' yes it is - b/c it is unsustainable
that it's unconstitutional If so, why have an unprecidented 26 states joined up to fight it? - Guess your smarter than the attorneys general of all 26 states
that there are death panels. Yep - how else would we be able to afford to do it?

it's a whole bunch of stupid when a bunch of idiots run on a platform of taking health coverage away from kids. bullshit - read my links
what what the hell... right?

and what i do know is vinson's decision has no basis iaw where it says that the whole bill has to be thrown out.

that's one of the dumbest comments i've ever heard a judge make.... ever. Really?

and why is the bill officially "unconsitutional" because two lower court judges don't like it.

two do.

bfd.

you're smarter than that. The same can be said of you..

Child only dropded b/c of Obamacare: Huffy POS
Child-Only Health Insurance Policies Dropped By Big Insurers

Child only dropded b/c of Obamacare:
ObamaCare Fallout: Child-Only Policies Dropped In 34 States | Right Wing News

 

[jillian]

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

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

I am wondering you keep ignoring or glossing over the word mandate as in engaging in commerce by order. Besides I thought it was a fee?

Medicare isn't a mandate?

and social security.

but they shouldn't let that confuse them.

this is the same 'let's kill the new deal' stuff the right has been doing since FDR was president. and any rational court knows what the law is on the subject.

which doesn't mean that they will actually act like judges.

 

[The Infidel]

that's your characterization. i don't share it.

like i said, two courts said yea, two said nay. that's life.

no matter how happy the rightwingnuts are.

I wont be happy till that POS bill is in the trash heap of history!

 

[Big Black Dog]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

We shall see who has the last laugh my friend. This law will not stand up as Constitutional. I strongly agree that health care reform is badly needed in this country but this ObamaCare thing was not the correct solution to the problem. The one good thing, and the only good thing about ObamaCare, is that it has stirred Americans up enough to at last do something meaningful and that can be afforded with regards to health care in this country. However, what ever is done needs to be done within the scope of the Constitution. This particular law is going to be dead but not the need and determination to get something done that all Americans can agree to is not.

 

[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.

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

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

No. I'm merely pointing out that they were not justified using the same rationale.

Here's Obama is in his own words:

[ame=http://www.youtube.com/watch?v=5_-qh9XDbgE]Not A Tax Increase[/ame]

 

[Dr.House]

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

well, if thats so then you ought to shoot off a letter to the Wh, they are now in full lather over judicial activism. aside from that it seems to me that any time a fed judge rules oh like the fellow in Az. that sppts a left wing view that matters and carries gret import among the chattering classes of which we ALL are part, but all of a sudden this doesn't.

that's your characterization. i don't share it.

like i said, two courts said yea, two said nay. that's life.

no matter how happy the rightwingnuts are.

seems like the leftwingnuts don't like the ruling....

 

[boedicca]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

nothing happens now because there has been no stay. this was just another district court which was meaningless in the scheme of things. it goes to the circuit court and then to the supreme court.

but the rightwingnuts are celebrating nada of import.

We shall see who has the last laugh my friend. This law will not stand up as Constitutional. I strongly agree that health care reform is badly needed in this country but this ObamaCare thing was not the correct solution to the problem. The one good thing, and the only good thing about ObamaCare, is that it has stirred Americans up enough to at last do something meaningful and that can be afforded with regards to health care in this country. However, what ever is done needs to be done within the scope of the Constitution. This particular law is going to be dead but not the need and determination to get something done that all Americans can agree to is not.

ObamaCare is to Health Care Reform what a vat of Kentucky Fried Chicken is to a Fat Fatty.

 

[Flopper]

Since the judge declared the law unconstitutional, what happens to the parts of the law that have been implemented? For example, the law includes a provision that Seniors that fall into the Medicare drug coverage gap get a 50% discount on brand name drugs. This part of the law has been implemented and it effects millions of seniors this year. In fact, there are probably a number of seriously ill seniors that are using this part of law now. There are also several other parts of the law that have been implemented.

Let not your heart be troubled. Before he gave that pittiance to seniors he stole 960Billion dollars from their medicare fund.....lots and lots of them will not get the care they need. errrrr needed in some cases.

Not really concerned with all the political B.S, just whether I have to shell out about $2,000 in additional drug cost for my older brother this year.

 

[Dont Taz Me Bro]

Medicare isn't a mandate?

Are you forced to sign up for Medicare?

 

[JFK_USA]

We need single payer. I bet these 2 judges (which many more actually held up its constitutionality, but ignored by the right) made the ruling to help their buddies.

This is Judical Activism at its finest.

 

[The Infidel]

We need single payer. I bet these 2 judges (which many more actually held up its constitutionality, but ignored by the right) made the ruling to help their buddies.

This is Judical Activism at its finest.

Yep, you liberals would know judicial activism wouldnt ya?

Ya'll are guilty of it FAR MORE than the right EVER thought of being.

 

[Mini 14]

I'm just happy for a moment of sanity amidst that chaos that has been Barack Obama.

Whether the SCOTUS will uphold it or not, we'll see.

But for a moment, sanity has returned to the US political scene.