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...

[PA-RIVER]

This is interesting. If something is so repugnant in a law that it is deemed unconstitutional, some of the law can stand, even if not written with a severability clause. I cant think of a good reason to allow this law to stand if it is Unconstitutional. It becomes a new law being rewritten by judges.

[Hulka]

Thanks, but like I said, I reviewed the bill and find no such reference, at all.

Please review the bill yourself and let me know what you find.

[P-Marlowe]

It becomes a new law being rewritten by judges.

I believe that is now the "established rule".

[Gabrial]

Good editorial in the WSJ today.

A great quote is when the government can prosecute you for essentially doing nothing, freedom is dead.

[vrwc1]

But it seemed like such good politics at the time! ;)

Isn't it great that their own words came back to bite them in the a**!

[Jess79]

Well, then it all comes down to what Justice Kennedy thinks.

My bet is the supreme court upholds Obamacare. They will just write a 100-page long ruling that contorts things to their view.

I don't think so. Right after Obamacare was passed, I read an opinion Justice Kennedy wrote on a case involving a federal law on guns in schools (Sorry, can't remember the name of the case). At any rate, he voted with the majority in finding the law unconstitutional. His thought process in explaining why he voted the way he did was very incouraging to me. This case involved the feds claiming jurisdiction because of the commerce clause and federal laws taking precedent over state laws (sound familiar?). At any rate, his opinion showed that he not only considered the words in the Constitution, but also the writings of the framers and the historical context in which the commerce clause was written to reach his decision. If he applies the same standards to Obamacare, I think he will rule against it.

[Niuhuru]

“Zero focused solely on passing this horrendously large piece of crap legislation which has now been struck down by the courts. Zer0 is a failure.”

In that respect I am thankful.

[publiusF27]

That is exactly the objection, and I agree, but the judge did not buy it. This is far from the end of the road for that question, or the main question about the commerce power. The Supreme Court will decide this one, but it will be a while.

[SeattleBruce]

Thanks for the clarification!