Skip to comments.DC judge rules in favor of ObamaCare
Posted on 02/23/2011 10:52:07 AM PST by The Doctor
The split opinion of judges all over the country continue. D.C. Federal District Judge Gladys Kessler has ruled the health care law to be constitutional.
In her ruling, Kessler says:
First, this Court agrees with the two other district courts which have ruled that the individuals subject to § 1501s mandate provision are either present or future participants in the national health care market. See Liberty Univ., 2010 WL 4860299, at *15 (Nearly everyone will require health care services at some point in their lifetimes, and it is not always possible to predict when one will be afflicted by illness or injury and require care.); Thomas More Law Ctr., 720 F.Supp.2d at 894 (The health care market is unlike other markets. No one can guarantee his or her health, or ensure that he or she will never participate in the health care market. . . . The plaintiffs have not opted out of the health care services market because, as living, breathing beings . . . they cannot opt out of this market.). Thus, the vast majority of individuals, if not all individuals, will require some medical care in their lifetime.
(Excerpt) Read more at 21statelawsuit.com ...
What a moron. Where is that in the Constitution? As "living, breathing beings," we all have to eat, too, so can Congress force us to eat broccoli in order to support a favored constituency, the broccoli growers?
That is the most convoluted opinion I have ever heard. So, because I visit a doctor at some point in my lifetime, that gives the government the right to dictate the terms?
Wow, how much judge shopping did that take?
Another usurper and ignoramus wearing a black robe appointed by Rats to do their dirty work.
It’s a DC court, and she makes no case. See ya at the Supremes
> the individuals subject to § 1501s mandate provision are either present or future participants in the national health care market.
the individuals subject to § 1501s mandate provision are either present or future participants in the automotive market.
Therefore the government can mandate that you buy a car...
Logic and reason are not job requirements for the judge’s position.
Doesn`t matter how many judges say govt deathcare is legal. All it takes/took if for one to say it is not.
Doesn`t matter how many judges say govt deathcare is legal. All it takes/took is for one to say it is not.
wow....talk about side-stepping liberty and tying one’s self into a pretzel with that logic...
we also need clothing, shelter and companionship. Please state, provide this for me.
Did we expect any difference from a Washington DC judge?
Lets get this to the supreme court
IF no-one can “opt-out”, then how come Obummer and Co. have given wavers to “opt out” for nearly 1000 of his best friends and supporters? That right there puts the lie to this idiotic decision.
I’m sure someone will post who appointed this turkey in this thread.
I am completely disgusted with this ridiculous, tortorous distortion of reality from this apparently brain-dead piece of garbage stinking up a court room.
Food Czar Michelle Obama would say yes and applaud this decision. Tyranny sometimes comes in black robes.
judge shopping is another handy dandy tool of the left designed to screw us all!
Unfortunately, the media treats the rulings like a baseball score - "its 3 for and 2 against!" as if it means something.
I knew there was something in the water in DC to cause people to loose all common sense, logic and intelligence.
We all are going to die too, what’s next funeral insurance? We all have to eat too, do we need food insurance? How about breathing air or using bodily functions, do we need a plan for that too? Clothes necessary or optional, who’s going to give me new clothes! I guess I’ll just quit working and wait for the govt to feed, clothe, house, medicate, educate and bury me.
Since slavery is unconstitutional, I won’t have to work for anything! Yee Haa, oops what if everyone else quits working then what where will the money come from, printing presses? Who’s going to run them?
Amazing how for centuries countries and millions of people have gotten along without all these necessary items!
Time to go Gault.
“The split opinion of judges all over the country continue”
Mm hmm. Right down party lines.
The leftwing judiciary have become a rubberstamp for their political party’s agenda.
Former President Bill clinton appointed this moron.
I really had to wonder if this was a spoof after reading that lame opinion. You just can’t make this stuff up, so thanks to liberal idiots for actually coming up with stuff to make us laugh, shake our heads, or puke.
Another communists anti-American judge. The judicial system is saturated with them.
You mean: Former Fornicator In Chief?
She ruled, in effect, Congress can regulate “mental activity.” Can ThoughtCrime be far behind?
It's sad that the survival of this country will end up depending on how the wind is blowing up Anthony Kennedy's robe the morning of the decision.
Sotomayor, Kagan, Kagan and Breyer will almost certainly vote for Obamacare with Alito, Thomas, Scalia and Roberts voting to support the Constitution leaving Kennedy to decide the future of the country.
How can not buying insurance affect interstate commerce when you cannot buy insurance from out of state. So how can I not buying it make it more expensive for someone in another state. Seems like the law itself is in conflict with the commerce clause.
Same sort of ruling you can expect from Obama’s recent Supreme Court appointees.
When is Mr. Obama gonna force me to buy a Chevy? Or a submarine sandwich? Or and electric razor?
This is a lot of fiddle faddle. If this law is constitutional, I’m the King of Siam.
Quick! Somebody buy that judge a dictionary with the word "market" in it!
This is designed to provide talking-point cover for Obama and nothing more. Actually, talking-point cover is considered to be the most important thing in the world to leftists. When your entire world-view is built on unreality and lies, what you say or can get away with saying is the most important thing to you.
“Former President Bill clinton appointed this moron.”
-Impeached former president Clinton
“Healthcare insurance” and “healthcare services” are not the same things oh wise one. One may need to see a doctor but never see an insurance broker...tortured idiot alert!
Gladys Kessler (born January 22, 1938) is an American jurist who sits on the U.S. District Court for the District of Columbia. She was nominated to the court by President Bill Clinton, and confirmed in July 1994.
“The plaintiffs have not opted out of the health care services market because, as living, breathing beings . . . they cannot opt out of this market.).”
So, the government can now interfere with the medical care of every individual. Hence, this court just over rode the supposedly protected “privacy” between a doctor and patient. If the government can force me to participate in this market, then they MUST monitor every individual’s level of participation. The only way to do that is with unfettered access to medical records......
....oooops, they just ruled against Roe v Wade! Hoist them on their own canard.
Another mush-brained, black-robed idiot. Didn’t see where Obamacare was backed up by ANY portion of the US Constitution in her supposed argument. Must have missed that part.
Most likely an affirmative action judge.
“we also need clothing, shelter and companionship. Please state, provide this for me.”
To accurately make the comparison, they are not providing anything. Instead, they are forcing you to buy a certain level of clothing, shelter and companionship. Then if you don’t, they are willing to levy a fine. If the fine is not paid, then they must be willing to issue an arrest warrant. If you don’t voluntarily turn yourself in to the court issuing the warrant, then they will send the police to your house. If you don’t open the door, then they are willing for the police to kick in your door. If you happen to defend yourself, then they are willing for the police to shoot you.
In other words, they are not willing to provide anything to you. Instead, they are willing to shoot you dead for not purchasing a product from another private entity.
These pro-Obamacare rulings just shows how many judges have no clue and need to be removed from the bench.
Q: What do you say to a lawyer with an IQ of 30?
A: “Good morning, your honor.”
According to reply #37 below:
**Gladys Kessler (born January 22, 1938)**
She is 73 years old and dumber than a stump.
I need sex. Perhaps Obama will arrange Catherine Zeta Jones for me. No Helen Thomas or look alikes please. Thank you Mr. Obama!! /S
I was disgusted that a plurality voted for the fornicator, but I'm willing to recognize the title of "president" in his case. It's tacky, but he was our 42nd president. As far as I'm concerned, and I hope historians will eventually agree, after a gap of four years since our 43rd president, Sarah Palin, Jim DeMint, or Michelle Bachmann will be our 44th president. I have never used a title more honorable than "former junior US Senator from Illinois" for ObamaCare's evil namesake, and I never will.
Lets admit these judges start with the liberal conclusion they want then cook up the legal reasoning and justification. Our conservative judges do the same but libs do it more and are shameless about it. They feel entitled because they are female, or black or Hispanic....you fill in the blanks.
That moron Sotomayor is shameless about it.
That has got to be the stupidest, most blatantly nonesensicle ruling i’ve ever read. Where do these beltway facists come from?
You are correct but your point tends to get lost in the FR noise.