Breaking On Fox: VA Judge Declares Individual Mandate In ObamaCare UNCONSTITUTIONAL

Fox News | 12/13/10 | Fox News

[careyb]

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

[American Constitutionalist]

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 )

[bella1]

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

And Italian to boot! Molto bene....

[Hostage]

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

[Spunky]

Thamks! I will see if I can find that.

[matt1234]

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..”

[vrwc1]

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!

[TonyInOhio]

Hey, this is a “Big F’ing Deal”!

[Hostage]

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

[Dubya-M-DeesWent2SyriaStupid!]

How long before this goes to SCOTUS?

[Hoodat]

*****Applies only to VA****

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

[vrwc1]

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.

[American Constitutionalist]

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.

[hoosiermama]

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

[ConjunctionJunction]

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

[VRWCTexan]

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!”

[Graybeard58]

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.

[Gomer1066]

OPERATION SMACK DOWN BEGINS IN THE COURTS!!!

[grumpygresh]

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.

[pgkdan]

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.

[ClearCase_guy]

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. ;)