Posted on 08/07/2010 4:39:56 PM PDT by Daisyjane69
Last November, a reporter asked House Speaker Nancy Pelosi if it was constitutional for Congress to require Americans to buy health insurance. Ms. Pelosi responded, "Are you serious?"
On Monday, U.S. District Judge Henry Hudson got serious. He denied Health and Human Services Secretary Kathleen Sebelius's motion to dismiss a lawsuit brought by the state of Virginia challenging the new health law. His ruling stated that it is far from certain Congress has the authority to compel Americans to buy insurance and penalize those who don't.
Judge Hudson's ruling paved the way for a trial to begin on October 18, with possible appeals all the way to the Supreme Court, a lengthy process. Some states will likely delay creating insurance exchanges and slow down other costly preparations for ObamaCare until its constitutionality is determined by this case.
If mandatory insurance is declared unconstitutional, the entire health law could collapse like a house of cards. Most complex legislation states that if one part of the law is struck down, other parts remain enforceable. But authors of ObamaCare chose to omit that clause, suggesting that the health overhaul won't work without mandatory insurance.
(Excerpt) Read more at online.wsj.com ...
Buttock cracks are subject to oozing. I had a pylonidal cyst and they had to operate. Given that the law was passed by a bunch of a$$ holes there's no telling what will come to pass.
I saw a car on the way to the Minot airport and the license plate was "POOPSIE". Given the Conservative nature of "Daks" I wonder....
As I am going back and reading things, here’s what it looks like:
Evidently, it was in the original House bill. Seems like it was not in the Christmas Eve Senate bill. BUT...remember the little game that Pelosi pulled in order to avoid the bill going back to the Senate to be filibustered (this time, including Scott Brown): She kept the House bill # the same (to get around the “spending bills must originate in the House” thing) but yanked ALL the language of the bill the House passed, and substituted of the Senate bill in it’s entirety. And that is what the House voted on...the language that omitted the severability clause.
LOL !!!!
There’s real hope then. I am hopeful they won’t be able to attach that language at this time and certainly not after the new congress is sworn in.
“....the Supreme Court has shifted to Liberals with Kagan....”
Nah. It’s a wash. The equation is still the same as it was. It’s just a player substitution. As another contributor mentioned, it all comes down to Kennedy.
There's been no "shift" on the high court.
Kagan is replacing another liberal. The court remains 5 (mostly) conservative Justices, and 4 (decidedly) liberal Justices.
Heaven help us if one of the conservative Justices has to retire during Precedent Obama's term.
Really, Obama’s Wise Latina and equally Wise Jewess haven’t tilted it at all. They just replaced 2 lefty judges, unfortunately both appointed by Republican presidents.
The sole ‘swing’ vote remains Kennedy. Fortunately for us, Bush appointed Roberts whose persuasive skills seem far stronger than Rehnquist’s, so Kennedy has been better over the past couple of years.
We have to pray for them every day, for their good health, and their faithfulness to the Constitution.
That was no accident. It is the result of arrogance and overeaching; hence that woman's retort of "Are you serious?"
A true Constitutional Scholar, that one.
The whole mess needs extra-Constitutionality to work. All they need is the proper judges.
But then, there's always nullification by the states.
The Undocumented President does not have enough thugs at his command to enforce illegal laws. I don't care what the woman says...
I don't see why. Justice Thomas is young enough to go another 20 years on the bench. Hopefully, though, she'll be get a shot at replacing Kennedy, the swing voter.
Sunshine State Rains on Health Care Reform
Florida Attorney General Bill McCollum gives an update on his lawsuit over Obama’s health care law
http://video.foxnews.com/v/4303976/sunshine-state-rains-on-health-care-reform
Judge will hear Cuccinelli’s Case Against Federal Health Care Law - (Virginia)
(excerpt)
“This lawsuit is not about health care, it’s about our freedom and about standing up and calling on the federal government to follow the ultimate law of the land – the Constitution,” Cuccinelli said in a press release. “The government cannot draft an unwilling citizen into commerce just so it can regulate him under the Commerce Clause.”
Both Cuccinelli and McCollum said there is no severability clause in the healthcare bill and if one part gets struck down...the WHOLE BILL GOES DOWN. The individual mandate is unconstitutional (the fed. govt. cannot compel you to purchase a product) and calling it a tax is not going to work either as you cannot tax nonactivity.
You mean Stephens?
Liberal Kagan replaced liberal Stephens. How is that a shift? Just rearranging the chairs.
Lord, please bless and keep the Conservatives on the court.
K, tnx, been told that already ....
Souter and Breyer turned out to be more left than anticipated. I think it’s a given that Kagan will be more left than she portrayed herself to be or than Republican senators who voted for her convinced themselves she is. She may be a leftist replacing a leftist, but I’m convinced she is more left than the justice she is replacing. I hope this qualitative difference may not harm the country in a material way.
Wickard v. Filburn and Gonzalez v. Raich. Two of the worst Supreme court decisions ever.
She replaced Stevens. Is that really such a big shift?
But it comes down to Supreme Court votes. You have four auto on the left, four auto on the right, with Kennedy swinging between the two. Kagan would be fairly to the left of Stevens, but will vote no differently than Stevens would have.
An interesting logical and legal point made by Judge Napoliano on Fox is that if a homosexual judge should recuse himself from this case, so should a heterosexual. Think about it.
No I mean Justice John Paul Stevens that is who Kegan is replacing.
If CommieCare sticks, I will spend the rest of my life working against it. I will defy it, confound it, use it to break it, frustrate it, cost it, and generally F with it every chance I get—F’ing relentless!
I recommend that all good Americans do the same.
I won’t make a good slave, of that much I am certain.
Which is why I referred to the difference as qualitative.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.