Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 201-220221-240241-260 ... 341-349 next last
To: Spunky

ON that video at time stamp 47 minutes, he says that part of the Health care bill that talks about that register ID chip implantation on page 1001 of the health bill ( National Medical device registry )


221 posted on 12/13/2010 10:41:46 AM PST by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
[ Post Reply | Private Reply | To 211 | View Replies]

To: tirednvirginia
“Cuccinelli for president!!!
He’s young, good looking, dynamic, conservative, intelligent and a winner!!!”

And Italian to boot! Molto bene....

222 posted on 12/13/2010 10:43:33 AM PST by bella1 (Four years of Carter gave us eight years of Reagan.)
[ Post Reply | Private Reply | To 148 | View Replies]

To: careyb

Been saying since a few days after March 21 this year that the Commerce Clause would be a win for conservatives but that 16th Amendment power to tax would defeat conservatives just as it was used to defeat attempts to abolish Social Security in 1935.

I am not ready to do a victory lap. In fact, I think conservatives need to stay focused on how the 1913 16th Amendment opened the door to socialism, allowing Social Security, then Medicare and now a mandate to pay for health insurance.

Winning a court case based on the Commerce Clause is not sufficient.

Here’s what has to be done when we learn the appeal upholds Obamacare under the power to tax 16th Amendment:

http://online.wsj.com/article/SB124044199838345461.html


223 posted on 12/13/2010 10:43:39 AM PST by Hostage
[ Post Reply | Private Reply | To 33 | View Replies]

To: American Constitutionalist

Thamks! I will see if I can find that.


224 posted on 12/13/2010 10:45:33 AM PST by Spunky (You are free to make choices, but not free from the consequences)
[ Post Reply | Private Reply | To 221 | View Replies]

To: ExNewsExSpook

Much wailing and gnashing of teeth at the DUmp. Here’s a quote from a DUmmie: “Obama is the reason why Change can not and will not happen..People will not fall for his line again..”


225 posted on 12/13/2010 10:45:53 AM PST by matt1234 (0bama's bunker phase: Nov. 2010 - Jan. 2013)
[ Post Reply | Private Reply | To 110 | View Replies]

To: GonzoGOP
Remember that they approved the Senate version of the bill in order to get it done in reconciliation. Well now they run into the problem that all tax bills must start in the House. It wasn't a problem if it wasn't a tax. But if it is a tax, then the method of passage was unconstitutional.

Great point!

226 posted on 12/13/2010 10:46:17 AM PST by vrwc1
[ Post Reply | Private Reply | To 134 | View Replies]

To: careyb

Hey, this is a “Big F’ing Deal”!


227 posted on 12/13/2010 10:47:17 AM PST by TonyInOhio ( Live free or die: Death is not the worst of evils.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: animal172; careyb

http://www.freerepublic.com/focus/f-news/2641922/posts?q=1&;page=223#223


228 posted on 12/13/2010 10:47:40 AM PST by Hostage
[ Post Reply | Private Reply | To 49 | View Replies]

To: careyb

How long before this goes to SCOTUS?


229 posted on 12/13/2010 10:47:56 AM PST by Dubya-M-DeesWent2SyriaStupid!
[ Post Reply | Private Reply | To 1 | View Replies]

To: careyb; P-Marlowe; nuconvert
*****Applies only to VA****

Not true. Fourth Circuit covers Virginia, West Virginia, Maryland, North Carolina, and South Carolina.

230 posted on 12/13/2010 10:48:21 AM PST by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
[ Post Reply | Private Reply | To 11 | View Replies]

To: BuckeyeTexan
But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.

Yes, but given that Obamacare is financially unworkable without the penalty, it wouldn't make sense to allow the rest of the law to stand without that critical part.

231 posted on 12/13/2010 10:50:35 AM PST by vrwc1
[ Post Reply | Private Reply | To 141 | View Replies]

To: Spunky
Ok, but, ObamaCare needs to be repealed NOW !!!
God save our American States !!!
It is not over yet, so we need to keep praying.
The health care bill has nothing to do with Health Care, it has everything to do with controlling us people.
232 posted on 12/13/2010 10:51:15 AM PST by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
[ Post Reply | Private Reply | To 224 | View Replies]

To: STARWISE; onyx; maggief; SE Mom; penelopesire; Liz

If we all say “Hallelujah!” at one time does that equal the “HALLELUJAH CHORUS”?


233 posted on 12/13/2010 10:53:52 AM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
[ Post Reply | Private Reply | To 119 | View Replies]

To: Hoodat

He is a district court judge. His ruling does not apply to any other states until the 4th Circuit of Appeals agrees with him.


234 posted on 12/13/2010 10:53:57 AM PST by ConjunctionJunction
[ Post Reply | Private Reply | To 230 | View Replies]

To: firebrand

Federal Judge Rules NO MANDATE for individual h.c. insurance - On the Same day that Barry Soetoro Obama signs a bill Outlawing local school cupcake sales...?

I just sent this Tweet to @WhiteHouse and @PressSec (Gibbs):

“I’m Celebrating Judge Hudson’s Ruling by Eating a Cupcake from my local school Bake Sale!”


235 posted on 12/13/2010 10:57:11 AM PST by VRWCTexan (Those who forget history, are doomed to repeat it !)
[ Post Reply | Private Reply | To 190 | View Replies]

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.

Never heard if him but he sounds like he needs to get a stronger reinforced tin foil hat.

236 posted on 12/13/2010 10:58:18 AM PST by Graybeard58
[ Post Reply | Private Reply | To 188 | View Replies]

To: 9YearLurker

OPERATION SMACK DOWN BEGINS IN THE COURTS!!!


237 posted on 12/13/2010 10:58:28 AM PST by Gomer1066
[ Post Reply | Private Reply | To 6 | View Replies]

To: Political Junkie Too

I agree that income and wealth can be taxed multiple times as the income or wealth takes on different forms. However in this case the mandate itself is considered a tax, that is the insurance plan is not JUST insurance or taxable income, it IS a tax.
This would be like assessing individuals an additional tax based on the tax that they already pay.


238 posted on 12/13/2010 10:59:14 AM PST by grumpygresh (Democrats delenda est)
[ Post Reply | Private Reply | To 116 | View Replies]

To: MortMan

That’s not true. I think that commentators were stressing that this ruling only applies to the case brought by VA and that the other cases were still pending. If Obamacare is unconstitutional it is unconstitutional, period.


239 posted on 12/13/2010 11:01:56 AM PST by pgkdan (Protect and Defend America! End the practice of islam on our shores before it's too late!)
[ Post Reply | Private Reply | To 182 | View Replies]

To: vrwc1
After all, the legislatures' intent must be understood when considering a bill in court, right?

I would think so. Of course, I'm an "original intent" kind of guy. Since a lot of folks consider all legislation to be "living", I think there is a concern that the goverment may decide "When we debated the bill, and passed the bill, it was not a tax. However, at this point in time, we deem it expedient to declare that it is a tax. Let it be so."

I will be amazed if the Supreme Court doesn't trike this thing down, but I've been surprised before. ;)

240 posted on 12/13/2010 11:02:08 AM PST by ClearCase_guy
[ Post Reply | Private Reply | To 214 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 201-220221-240241-260 ... 341-349 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson