Skip to comments.Judge in Va. strikes down federal health care law
Posted on 12/13/2010 9:51:11 AM PST by Kartographer
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Kagan didn’t recuse herself last time a case came up in which she had been Sol General... so why should she now? She is there, like Sotomayor, to overturn the Constitution, plain and simple.
I thought there was a severability clause in the bill, but if not this ruling is VERY good news.
I have been worried about what would happen if only the individual mandate was struck down, and the remainder of the bill left intact.
IMHO, this would be a worse case scenario that would accelerate the demise of private insurers, specifically due to the pre-existing prohibition of the bill.
No, they didn’t forget — they knew that things like the individual mandate are necessary or the whole structure falls like a house of cards.
Honestly, even many liberals oppose the individual mandate.
The DU and DailyKos folks were furious about the individual mandate.
I can see a much better victory than 5-4 on this one.
. . . . # 53
"Kagan didnt recuse herself last time a case came up in which she had been Sol General... so why should she now? She is there, like Sotomayor, to overturn the Constitution, plain and simple."
“Obama may live to regret castigating the SC Justices in the SOTU this past January. Kennedy was among those he dissed.”
That had to be the politically most stupid move I have ever witnessed. I couldn’t believe it when I saw it. Unbelievable.
After we clean house here, guess where we are coming.
It is one thing to twaddle on about how dangerous you are because you can polish your guns watching teevee.
I can run away any time too, just do not have that in me.
And I never go back to where I ran from.
Are you my uncle Richard...?
It’s the kind of thing a small child would do, with no thought for the consequences. By the time a person reaches adulthood, they’re supposed to have learned that payback is a witch...or something like that. ;)
Via Twitter whpresscorps - WH Press Briefing
Gibbs won’t use the term “individual mandate” - instead refers to the “individual responsibility” provisions
3 minutes ago via web
G-d Bless Judge Henry E. Hudson.
There is a Santa Claus.
(I haven’t checked all the threads yet, but someone needed to get it out there)
If its true that Kagan must recuse herself (and I doubt that because she never got involved with this case/issue as Solicitor General) Then a 4-4 decision would uphold the allelate court ruling. Thus, I hope that the appelate court does uphold Hudson's ruling.
Can anyone tell me if this means the bill is stopped; that it can’t be implemented?
BreakingNews ‘We are confident that the affordable care act will be upheld,’ WH spokesman Robert Gibbs says about Va. court ruling on health care law
2 minutes ago via breakingnews.com
OK.....so this is good......right? ;*)
I'm sure this ruling will be appealed to the Supreme Court...we aren't done with 0bamacare yet.
If the individual mandate is the problem, wouldn't that argument also ban any plan to privatize Social Security to the extent such a plan required people to make retirement contribution into certain classes of privately-owned investments?
Just thought of that because frankly, I think the battle on this kind of stuff was fought and lost with government-provided social benefits at the outset. If the government can do Medicare, then it also could do a full national health insurance program for all citizens. And if it could do that, why not the lesser action of reqiuring private insurance? At the least, that permits more individual choice/discretion than a Kennedy/Hillary-esque NHI system that likely woudl pass constitutional muster.
Don't get me wrong. I'm not advocating that. I'm just worried that is the reasoning appellate courts may follow.
Finally, an honest judge. I guess there still are some left, but somehow they never seem to get the important cases.
The judge specifically decided NOT to impose any court restrictions on implemention - stating that the provisions he had ruled against did not take effect until 2013
Right, but is it stopped for the moment, or will implementation continue unabated?
There was no internet when they passed SS. It was promoted on lies and there was no communication channels for the people to dispell those lies.
“No, they didnt forget they knew that things like the individual mandate are necessary or the whole structure falls like a house of cards.”
No, I think they just blew it. Of course we all know the bill doesn’t work without the IM, but they could have easily included severability to protect the rest of the monstrosity.
“Are you my uncle Richard...?”
No mental illness in the family I know of ... so no, I guess I’m not. Aren’t you the barrel of laughs. Do you need a /sarc tag after everything these days? Relax, tough guy, I was joking around.
Reality check ... nothing like that is going to happen.
2010 America (Post-American-Welfare-Police-State-Zone) consists of “loser” 2010 people. It is no longer inhabited by tough take no sh#t hombres from 1863.
Here’s the problem.
I’ll never comply. EVER.
You must realize that the rest of the monstrosity can’t work without the individual mandate, and the extra money coming in from the young and the illegals by coercion. That’s why they didn’t put it in.
No. Because none of the laws considered in privitizing Social Security REQUIRED anything. They simply ALLOWED those wanting to privately invest to be able to do so.
So, are you going to give in because 5 people told you to do so? I’ll never submit to control. Put me in prison. We’ll overwhelm the system. They can not control us. They can try. We will resist.
I’m scratching my head over that one. WTF? were they thinking?
That particular part of the Act, Sec 1501 is rules unconstitutional. As such, it is unenforceable.
Now the US has two options: To appeal the decision (which is likely) and/or to try to get Congress to re-draft it.
The second option is the cats meow because if it goes back to Congress, Congress will probably repeal the whole damn mess!
I can hardly wait! I usually podcast him, today, I’ll plug into the internet for his live show.
Score for the good guys....vs. everything else Nation D.C. is trying to create satellite States with.
Hey, I agree with you. I don’t think SS is constitutional, and the same applies to Medicare, etc. Unfortunately, we lost that argument, so the Constitutional slate on which the Court will be writing includes those two programs.
Kagen wiil have to recuse herself. EGO 4,4.
That’s why it is not the same scenario. You have to have SS payroll deductions by law and that is not the question. The Obamacare individual mandate requires that you purchase something from a particular vendor. The SS analogy does not work because you have an option of how those taxes are invested. You are not forced to purchase anything from a specific vendor even though you are required to pay the tax.
Many conspiracy theories on why severability clause was omitted. Below is a good summary:
Yes. I believe this will be the outcome.
Does anyone know this judge’s record with the Supreme Court or the other 2 judges?
Kennedy will likely go our way :)
5-4 It is the most egregious act ever by a dictating socialist. If someone lives in their house and never comes out, how the hell do you justify taxing them.
Unbelievable. A federal judge FINALLY strikes down something that SHOULD be struck down.
ok, excuse my ignorance. The other judges were they state judges, is this an appeal? What is the flow chart? if anyone can make this clearer for me I would appreciate it and I hate to reveal my stupidity
The federal government can’t require you to buy a product (health insurance) from a private corporation (HMO)