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Pennsylvania Judge Says Obamacare Unconstitutional
Legal News Line ^ | 9-13-11

Posted on 09/13/2011 3:57:05 PM PDT by Miami Vice

U.S. District Judge Christopher C. Conner declared that Congress exceeded its authority in passing a provision of the Patient Protection and Affordable Care Act.

The condition he declared unconstitutional was the mandate requiring American citizens to purchase health insurance.

Conner's opinion was published today in the case of Goudy-Bachman v. U.S. Department of Health and Human Services, 10-cv-763, U.S. District Court, Middle District of Pennsylvania.

"Congress's authority under the Commerce Clause ...

(Excerpt) Read more at legalnewsline.com ...


TOPICS:
KEYWORDS: healthinsurance; mandate; obamacare

1 posted on 09/13/2011 3:57:12 PM PDT by Miami Vice
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To: Miami Vice

2 posted on 09/13/2011 4:05:42 PM PDT by JoeProBono (A closed mouth gathers no feet)
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To: Miami Vice
Conner concluded that Congress cannot compel individual citizens to buy health insurance as a condition of citizenship. He reasoned that the authority to regulate interstate commerce does not list the ability to order a lifetime financial commitment to buy health insurance.

"Without judicially enforceable limits," Conner wrote in his 52-page opinion, "the constitutional blessing of the minimum coverage provision, codified at 26 U.S.C. § 5000A, would effectively sanction Congress's exercise of police power under the auspices of the Commerce Clause, jeopardizing the integrity of our dual sovereignty structure."

3 posted on 09/13/2011 4:06:26 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Miami Vice

This is a BFD.


4 posted on 09/13/2011 4:07:29 PM PDT by Palmetto Patriot (How much better off would we be if these bastards would just leave us alone?)
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To: Miami Vice

We’re working our butts off here in the Keystone State..bare with us America.


5 posted on 09/13/2011 4:10:08 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: Miami Vice

So the VA case advances, the Vinson ruling out of FL advances, and now the PA case takes a step.

WH attorneys are going to be busy defending the indefensible.


6 posted on 09/13/2011 4:13:20 PM PDT by lurk
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To: Miami Vice

Wikipedia entry in part:

Christopher C. Conner (born 1957) is a United States federal judge.

Born in Harrisburg, Pennsylvania, Conner received a B.A. from Cornell University in 1979 and a J.D. from the Dickinson School of Law in 1982. He was in private practice in Pennsylvania from 1982 to 2002, and was an adjunct professor at the Widener University School of Law in 2000.

On February 28, 2002, Conner was nominated by President George W. Bush to a seat on the United States District Court for the Middle District of Pennsylvania vacated by Sylvia H. Rambo. Conner was confirmed by the United States Senate on July 26, 2002, and received his commission on July 29, 2002.

On September 13, 2011, Conner ruled the individual insurance mandate in the Patient Protection and Affordable Care Act (also known as “Obamacare”) as unconstitutional saying, in part, “The federal government is one of limited enumerated powers, and Congress’s efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.


7 posted on 09/13/2011 4:14:14 PM PDT by glock rocks ( I like PalKin, but < insert PDS here >. Wait, what?)
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To: Miami Vice
PA's 'red' again thanks to us hobbits in the T, and the miserable looter cretins in the corners aren't gonna be able to stop it. They FAILED to keep Corbett out and our budget is looking better by the day.
Just like they're gonna FAIL to relect that miserable marxist negro next year.

We have 'em waaaay outnumbered and we're pissed.

Kudos to this judge !

It'd be great if the Game Commission would issue early-season 'panther' tags to go along with our big game licenses.
A few thousand .06s etc could invade Philly for a change, instead of the usual other way around, and drop Ø's poll thugs in their tracks.
Tying the pieces of shite to the hood of the truck would be optional.

8 posted on 09/13/2011 4:16:04 PM PDT by tomkat (PC = pusillanimous collusion)
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To: JoeProBono

As I said on another similar thread, I served on jury duty under Judge Connor in Harrisburg, and he’s very fair and thoughtful. Glad to see this.


9 posted on 09/13/2011 4:38:54 PM PDT by Virginia Ridgerunner (Sarah Palin has crossed the Rubicon!)
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To: Miami Vice
The whole thing is going to boil down to WWAKD.

What will Anthony Kennedy decide?

10 posted on 09/13/2011 5:01:44 PM PDT by buckalfa (Confused and Bewildered With a Glass Half Empty)
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To: Miami Vice

Now if one of these judges would not only declare it unconstitutional, but issue an injunction forbidding any actions or expenditures by the Federal government or any state government to implement it, we might really be getting somewhere.


11 posted on 09/13/2011 5:11:44 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: Miami Vice

Thank you Judge Conner.


12 posted on 09/13/2011 5:19:32 PM PDT by annieokie
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To: The_Reader_David
"""""""but issue an injunction forbidding any actions or expenditures by the Federal government or any state government to implement it,""""""".......

That is exactly what is needed. There is no need in any expenditures on this nightmare, a waste of money, as I believe it will be held unconstitutional by the Supreme Ct.

13 posted on 09/13/2011 5:22:55 PM PDT by annieokie
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To: glock rocks
On February 28, 2002, Conner was nominated by President George W. Bush to a seat on the United States District Court for the Middle District of Pennsylvania vacated by Sylvia H. Rambo.

Glad to hear this...

14 posted on 09/13/2011 5:56:03 PM PDT by Dr. Scarpetta
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To: Miami Vice

Just like the ban on open homosexuality in the military was declared unconstitutional.


15 posted on 09/13/2011 6:00:26 PM PDT by ViLaLuz (2 Chronicles 7:14)
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To: Michael Barnes
We’re working our butts off here in the Keystone State..bare with us America.


16 posted on 09/13/2011 7:49:08 PM PDT by Thrownatbirth (.....Iraq Invasion fan since '91.)
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