Posted on 02/06/2011 6:44:28 AM PST by loucon
President Obama and his administration now have a little taste of victory after a federal judge in Mississippi dismissed a suit challenging the Affordable Care Act’s constitutionality.
Judge Keith Starret, who sits on the bench of a U.S. District Court in the Southern District of Mississippi, shot down a suit over the bill’s individual mandate provision saying, “the Court finds that the allegations of Plaintiffs’ First Amended Petition, as stated therein, are insufficient to show that they have standing to challenge the minimum essential coverage provision of the PPACA [Patient Protection and Affordable Care Act]. Therefore, the Court dismisses Plaintiffs’ First Amended Petition without prejudice.”
(Excerpt) Read more at talkradionews.com ...
Shot down on plaintiff’s standing, not on the merits.
Oh, Okay.
So now we are nobodies.
Fine then, we won’t pay for a dime of this.
“without prejudice.”
Smart judge. The issue is already teed up. You don’t need a dozen more district court decisions saying the same thing.
Citizens now do NOT have standing to challenge Obama,s Dictates. Welcome to Totalitarian Government.
This mandate affects every citizen. How could anyone not have standing? Standing seems to be an easy excuse for judges to rule in favor of powerful but wrong defendants.
There is more to this. The judge practically told the plaintiffs how to amend their complaint to have it acceptable. LOL!
There’s a link to a better article posted here, I think yesterday.
All this is saying is that the plaintiff’s theory on which they based their challenge was not strong enough or well-founded. It doesn’t mean the individual mandate is constitutional.
My sentiments exactly. We are all affected by this, and therefore should all have standing. I explained the issue of ‘standing’ to my 7th grader yesterday. His reaction was ‘that doesn't seem fair’.
Any work to implement it would place the person doing the work and the person directing the work in contempt of court.
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
Hmmm, maybe we’ll need a little uprising like the one our Crack-Head-in-Chief said was needed in Egypt?
Just sayin’ ;-)
We need a running list of judges from day 1 of Obamacare who have proven that they are ill-equipped to hold the office they were appointed to.
If you cannot understand a document you are sworn to protect, then how on earth can you be expected to defend it?
Each and every judge which has defended this UNCONSTITUTIONAL LAW needs to be immediately removed from office as soon as the Supreme Court has the final say on this.
That’s not a victory in any meaningful sense of addressing the constitutionality of Obama-Kare.
It’s a back door, gutless way for a judge to avoid doing his job.
My view of judges like this:
Behind the robe they are still slimey Slip N’ Fall lawyers, only once removed from chasing ambulaces and screwing old widows out of their deceased husbands’ retirement.
And who is he? /s
We gotta fix this BS of “No Controlling Authority” and “No Standing”.
The left will say: That’s 3 for, and 2 against, in a best-of-5 series. Similar to how they declare victory in election recounts.
Actually, I would love to see that. What if a million or so people gathered in front of the WH and demanded his resignation?
Unfortunately, a little uprising, like the one in Egypt, is what it's going to take to get the attention of our elected officials.
Shot down on plaintiff’s standing, not on the merits.
Exactly. Not having standing is not a victory for obama in any way.
Well said.
“We gotta fix this BS of “No Controlling Authority” and “No Standing”.”
Without question. The philosophical pillar upon which the American Revolution and this country is based holds that individuals cannot legitimately be suppressed by government. The founders held this principle as natural law. I’m quite sure that those who fought in the American Revolution would not want courts to have the power to dismiss the grievances of individual citizens on the basis of legal nuance.
Questions for the judge: Just who the @#$% has standing? If I don’t have standing, then the law does’t apply to me, right? If the law doesn’t apply to me, why not take your decision and shove it?
I have had it with mealy-mouthed politicians, cowardly judges and all the assorted criminals and perverts who are keeping me from living my remaining years the way I want to live.
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