Skip to comments.The Nuts and Bolts of the ObamaCare Ruling
Posted on 02/02/2011 6:24:55 AM PST by Blueflag
Nice review of how Judge Vinson struck "down the entire health-reform law on the grounds that the individual mandate was not severable from the rest of the statute."
And yes I performed a search on the title words "nuts and bolts"
(Excerpt) Read more at online.wsj.com ...
Late Monday afternoon in Pensacola, Fla., U.S. District Court Judge Roger Vinson delivered the second major judgment that the centerpiece of the Patient Protection and Affordable Care Actthe "individual mandate" that forces Americans to buy health insurance whether or not they want itis unconstitutional.
In December, District Court Judge Henry Hudson ruled against the mandate in a separate lawsuit brought by the state of Virginia. But Judge Vinson's sweeping and powerfully reasoned decision this week went much further, striking down the entire health-reform law on the grounds that the individual mandate was not severable from the rest of the statute. And the plaintiffs in Judge Vinson's courtroom included the attorneys general of 26 states, not just one. His opinion thus casts a dark shadow over ObamaCare until the Supreme Court issues a final ruling on the matter.
Thought you folks might want to read this.
Per THIS source, the judge “... [struck] down the entire health-reform law.”
Good article. Thanks!
I guess they didn’t read the bill before they passed it. All those lawyers that passed it, and the staff lawyers that crafted it... Good thing.
One of the authors of this article, Randy Barnett, had his scholarly worked cited in Judge Vinson’s opinion. Perhaps more than any other single legal scholar, he’s been the intellectual force behind the view that the individual mandate is unconstitutional. Many other conservative legal scholars had concluded (reluctantly) that based on past SCOTUS decisions, the individual mandate probably was constitutional even if the Founders would have viewed the idea with great alarm.
I did not know that. Thanks!
I missed it!
I presume he did a great job.
Does he have a website with relevant excerpts? I’d love to read his insights. ... And his acerbic wit ;-)
>> Per THIS source, the judge ... [struck] down the entire health-reform law.
I don’t disagree with that.
Nor do I trust it as a final solution. The appellate courts, up to and including the Supreme Court, are simply too capricious and arbitrary in their actions to have rock solid faith that they will let this stand.
I surely hope they do, however. This is just one more time in life that I hope I’m wrong in being skeptical.
Yes just put his name in a search, he has streaming of all prior shows for several days listed. He was the first one that pointed out that the media was lying and the whole thing was made null and void by the judge, page 73 and 75:
ping to article
I would only add to DrC's post and recommend every Freeper take the time to read Randy Barnett's most recent book, "Restoring the Lost Constitution."
There are some great comments at the linked article.
It is very encouraging to see intelligence outside of FreeRepublic.
And the plaintiffs in Judge Vinson's courtroom included the attorneys general of 26 states, not just one. His opinion thus casts a dark shadow over ObamaCare until the Supreme Court issues a final ruling on the matter.
That's all it said. There's nothing about the scope of the ruling, other than there's a "dark shadow" until the Supreme Court issues a final ruling.
If and when the Supreme Court rules on the issue, it will apply to all of the states. Until then, not much has changed except among the pundits arguing about it.
OK, remembering I am not a lawyer, but I have had to deal with a lot of contracts ...
Let’s say company A in Florida has a contract with National Supplier X.
Company A sues National Supplier X to break a contract for “good reason”.
25 other companies HQ’d in other states join the suit in Federal court in FL.
After the trial, the judge in FL rules the contract is fundamentally flawed in its entirety and orders it null and void. ALL 26 companies now have relief from that contract, regardless of the jurisdiction of that judge.
I recognize that contract law is not the same as constitutional law, and the law is not ‘logical’. I just “believe” based on prior experience (not as a lawyer) that every party in the suit gets relief.
AND I agree that until the USSC says it’s unconstitutional, this regime will continue to say it’s good law.
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