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

To: Political Junkie Too; LucyT; STARWISE; Nachum
I think I heard Greta say that the judge did not buy the back-up excuse by the DOJ that the mandate was a tax. The judge couldn't have declared the mandate unconstitutional if he had bought the tax argument.

Also Greta said that since the tax will not be imposed for several years and no one has actually paid any healthcare mandated alleged tax then there would be no qualified plaintiff with standing until tax was paid. So the tax desperation move by the DOJ was rejected by this judge.

Also, I think Greta said that although there was no injunction, this ruling was actually a de facto injunction. No injunction was needed because the imposition of the unconstitutional mandate was not imminent (judges must consider this).

Also, Greta said the judge's ruling _only_ applies to VA and that VA escapes from Obamacare in this particular case partly because they only brought it on their own behalf and because they had a particular VA law making mandates to purchase insurance illegal.

108 posted on 12/13/2010 9:42:41 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 56 | View Replies ]


To: Seizethecarp

I may just have to move to Virginia.


167 posted on 12/13/2010 10:07:12 AM PST by pieceofthepuzzle
[ Post Reply | Private Reply | To 108 | View Replies ]

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