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Breaking On Fox: VA Judge Declares Individual Mandate In ObamaCare UNCONSTITUTIONAL
Fox News | 12/13/10 | Fox News

Posted on 12/13/2010 9:21:01 AM PST by careyb

Just in... will keep you posted...


TOPICS: Breaking News; News/Current Events; US: Virginia
KEYWORDS: 10thamendment; bhohealthcare; commiecomeuppence; cuccinelli; healthcare; individualmandate; obamacare; ruling; scotus; statesrights; virginia
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To: RobRoy

LOL


201 posted on 12/13/2010 10:25:42 AM PST by the lastbestlady (I now believe that we have two lives; the life we learn with and the life we live with after that.)
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To: ShandaLear

there was no severability clause, there fore the bill is gone,not just that part.


202 posted on 12/13/2010 10:25:56 AM PST by stockpirate ("When the government fears the people you have liberty")
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To: Charles Henrickson
Social Security, Medicare, Medicaid, Department of Education—they’re all unconstitutional, too, but they’re not going away in the near future. So we’ll have to see if this holds up.

But did anyone challenge those at the time they were inflicted?

203 posted on 12/13/2010 10:26:10 AM PST by nina0113
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To: careyb
Great News! Lets hope that SCOTUS, ultimately, rules in this manor as well.

Barry care is unconstitutional!

204 posted on 12/13/2010 10:26:10 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: DarthVader

I don’t know about that. Was there a provision in it that said so?


205 posted on 12/13/2010 10:26:27 AM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: DarthVader

From the article on Foxnews:

In his ruling, Hudson wrote that he is severing that portion of the law, known as Section 1501, but is not granting an injunction against the entire law.

But Section 1501 is the portion of the law that collects most of the money that is supposed to flow into the system from millions of additional participants. Without it, the law’s execution could be severely compromised and could rock the foundation of other provisions in the legislation.

The lawsuit is just one of nearly two dozen challenges filed in federal courts across the country. Another high-profile suit filed in Florida and joined by 20 states and the National Federation of Independent Businesses will go before Judge Roger Vinson on Thursday.

Administration officials insist health care exchanges and many other aspects of the law would survive and implementation of the law would proceed. They said they don’t anticipate an adverse ruling in Virginia or Florida to affect many aspects of the law.

Read more: http://www.foxnews.com/politics/2010/12/13/federal-judge-rules-favor-virginia-challenge-health-care-law/#ixzz1816DveDB


206 posted on 12/13/2010 10:28:27 AM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: Blood of Tyrants

There is no severability clause in the current law. Therefore the whole thing is kaput.


207 posted on 12/13/2010 10:29:23 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: tumblindice

poor bambi, they messin wid his signature registration


208 posted on 12/13/2010 10:29:37 AM PST by SF_Redux (the scarier part about all these Marxists is, that a few of them can breed .. with the opposite sex)
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To: tumblindice

poor bambi, they messin wid his signature legistration


209 posted on 12/13/2010 10:29:51 AM PST by SF_Redux (the scarier part about all these Marxists is, that a few of them can breed .. with the opposite sex)
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To: careyb

This is a reminder that Elections Matter because of JUDGE APPOINTMENTS. This constitution-following judge was appointed by Reagan early in Reagan’s presidency.


210 posted on 12/13/2010 10:31:41 AM PST by pogo101
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To: American Constitutionalist
"Pastor Perry stone said that there is one thing that was hidden in the Healthcare bill, deep in the pages that when people register for the healthcare, they will be forced ( yes, forced ) to be implanted with somekind of ID chip in their right hand."

I don't like this health care bill one bit, but I also don't take what someone says without them giving a page number, so we can actually read it ourselves.

211 posted on 12/13/2010 10:31:41 AM PST by Spunky (You are free to make choices, but not free from the consequences)
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To: careyb

Oh, thank Goodness! The Rinos are working now to figure out how to not repeal the rest of the unconstitutional “progress.”


212 posted on 12/13/2010 10:32:16 AM PST by SaraJohnson
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To: ExNewsExSpook
That sound you hear in the distance is liberal heads exploding all across the fruited plain.

Watching the chestnuts pop! Pop pop pop!

213 posted on 12/13/2010 10:32:58 AM PST by nina0113
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To: careyb
Greta says DOJ will fight it by calling it a tax...

Legislators didn’t want to call it a tax for political reasons...

If I recall correctly, legislators specifically stated it was not a tax when the bill was being debated. If that's the case, can't a lawyer bring this up when arguing the case in court? In other words, if DOJ starts describing the mandatory purchase of health insurance, or the penalty for not purchasing, as a tax, couldn't Cuccinelli just introduce as evidence the adamant statements of legislators that it "wasn't a tax" and destroy the DOJ's argument? After all, the legislatures' intent must be understood when considering a bill in court, right?

214 posted on 12/13/2010 10:33:00 AM PST by vrwc1
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To: maggief
Yes, Virginia, there is a Santa Claus

Should read: "Yes, Santa Claus...there is a VIRGINIA!!"

215 posted on 12/13/2010 10:33:18 AM PST by Logic n' Reason (You can roll a turd in powered sugar; that don't make it a jelly donut)
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To: Blood of Tyrants

Was wrong about the severability clause but if you read further. Pulling Section 1501 virtually eviscerates it:

“But Section 1501 is the portion of the law that collects most of the money that is supposed to flow into the system from millions of additional participants. Without it, the law’s execution could be severely compromised and could rock the foundation of other provisions in the legislation.”


216 posted on 12/13/2010 10:34:15 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Charles Henrickson

Social Security, Medicare, Medicaid, Department of Education—they’re all unconstitutional, too, but they’re not going away in the near future. So we’ll have to see if this holds up.


The commerce clause has been misapplied by activists judges to slaughter the constitution and this is why we have a monster federal government and debt with the elite fighting over which party of elitists gets to have total control over the people and who receive foreign and corporate pay offs from election to election.


217 posted on 12/13/2010 10:36:20 AM PST by SaraJohnson
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To: USALiberty
When all else fails, there is nothing to keep you from treating yourself for your own ailments.

The government does get a little picky about growing your own opiates.

218 posted on 12/13/2010 10:37:10 AM PST by nina0113
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To: Beowulf9

That pesky Constitution.


Which was meant to be a lot more pesky to the elite than it has been thanks to our traitorous judical branch. I hope that changes...


219 posted on 12/13/2010 10:38:35 AM PST by SaraJohnson
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To: careyb

THANK YOU GOD!


220 posted on 12/13/2010 10:39:52 AM PST by Personal Responsibility (The more the plans fail the more the planners plan - Ronald Reagan)
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