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DC judge rules in favor of ObamaCare
http://21statelawsuit.com/2011/02/dc-judge-rules-in-favor-of-the-health-care-law/ ^

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 § 1501’s 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 ...


TOPICS: Government
KEYWORDS: bhohealthcare; gladyskessler; healthcare; judge; obamacare; partisanship; ruling; wtf
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1 posted on 02/23/2011 10:52:09 AM PST by The Doctor
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To: The Doctor
"The plaintiffs have not opted out of the health care services market because, as living, breathing beings . . . they cannot opt out of this market.”

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?

2 posted on 02/23/2011 10:54:45 AM PST by hsalaw
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To: The Doctor

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?


3 posted on 02/23/2011 10:55:19 AM PST by Braak (The US Military, the real arms inspectors!)
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To: hsalaw

Another usurper and ignoramus wearing a black robe appointed by Rats to do their dirty work.


4 posted on 02/23/2011 10:55:32 AM PST by LowTaxesEqualsProsperity
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To: The Doctor

It’s a DC court, and she makes no case. See ya at the Supremes


5 posted on 02/23/2011 10:55:59 AM PST by reefdiver ("Let His day's be few And another takes His office")
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To: The Doctor

> the individuals subject to § 1501’s mandate provision are either present or future participants in the national health care market.

the individuals subject to § 1501’s mandate provision are either present or future participants in the automotive market.
Therefore the government can mandate that you buy a car...


6 posted on 02/23/2011 10:56:31 AM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: hsalaw

Logic and reason are not job requirements for the judge’s position.


7 posted on 02/23/2011 10:56:46 AM PST by LowTaxesEqualsProsperity
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To: The Doctor

Irrelevant.

Doesn`t matter how many judges say govt deathcare is legal. All it takes/took if for one to say it is not.


8 posted on 02/23/2011 10:57:03 AM PST by Para-Ord.45
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To: The Doctor

Irrelevant.

Doesn`t matter how many judges say govt deathcare is legal. All it takes/took is for one to say it is not.


9 posted on 02/23/2011 10:57:16 AM PST by Para-Ord.45
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wow....talk about side-stepping liberty and tying one’s self into a pretzel with that logic...


10 posted on 02/23/2011 10:57:42 AM PST by Michael Barnes
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To: hsalaw

we also need clothing, shelter and companionship. Please state, provide this for me.


11 posted on 02/23/2011 10:57:55 AM PST by No_More_Harkin
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To: The Doctor

Did we expect any difference from a Washington DC judge?

Lets get this to the supreme court


12 posted on 02/23/2011 10:58:16 AM PST by RnMomof7
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To: hsalaw

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.


13 posted on 02/23/2011 10:58:16 AM PST by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: The Doctor

I am completely disgusted with this ridiculous, tortorous distortion of reality from this apparently brain-dead piece of garbage stinking up a court room.


14 posted on 02/23/2011 10:58:29 AM PST by The Iceman Cometh (I'm called a 'teabagger'? Well, get over here liberal and I'll show you what that means.)
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To: hsalaw
"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?"

Food Czar Michelle Obama would say yes and applaud this decision. Tyranny sometimes comes in black robes.

15 posted on 02/23/2011 10:58:49 AM PST by Truth29
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To: Braak

judge shopping is another handy dandy tool of the left designed to screw us all!


16 posted on 02/23/2011 11:01:35 AM PST by AngelesCrestHighway
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To: The Doctor
I think the grounds for this particular suit were silly, but I see the reason in attacking Obamacare from as many angles as possible.

Unfortunately, the media treats the rulings like a baseball score - "its 3 for and 2 against!" as if it means something.

17 posted on 02/23/2011 11:02:19 AM PST by skeeter
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To: The Doctor

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.


18 posted on 02/23/2011 11:02:52 AM PST by rolling_stone ( *this makes Watergate look like a kiddie pool*)
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To: The Doctor

http://en.wikipedia.org/wiki/Gladys_Kessler

Klinton judge.


19 posted on 02/23/2011 11:03:28 AM PST by Snickering Hound
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To: The Doctor

“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.


20 posted on 02/23/2011 11:03:54 AM PST by Christian Engineer Mass (25ish Cambridge MA grad student. Many younger conservative Christians out there? __ Click my name)
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To: TheBattman

Former President Bill clinton appointed this moron.


21 posted on 02/23/2011 11:04:28 AM PST by I Drive Too Fast
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To: The Doctor
With so many exemptions, even at the whole state level, the Supreme Courts will have no problem slapping Obamacare down once and for all.
22 posted on 02/23/2011 11:04:38 AM PST by TexasCajun
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To: The Doctor

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.


23 posted on 02/23/2011 11:04:38 AM PST by saint (There's hope for us, after all.)
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To: The Doctor
Yea, this woman has a say in your future. I feel so much better. I'm going to print this off and attach it to some sheets of toilet paper.


24 posted on 02/23/2011 11:04:45 AM PST by The Iceman Cometh (I'm called a 'teabagger'? Well, get over here liberal and I'll show you what that means.)
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To: The Doctor

Another communists anti-American judge. The judicial system is saturated with them.


25 posted on 02/23/2011 11:05:38 AM PST by Logical me
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To: I Drive Too Fast

You mean: Former Fornicator In Chief?


26 posted on 02/23/2011 11:05:46 AM PST by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: hsalaw

She ruled, in effect, Congress can regulate “mental activity.” Can ThoughtCrime be far behind?


27 posted on 02/23/2011 11:05:53 AM PST by La Lydia
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To: reefdiver
It’s a DC court, and she makes no case. See ya at the Supremes

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.

28 posted on 02/23/2011 11:06:51 AM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: The Doctor

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.


29 posted on 02/23/2011 11:07:52 AM PST by Always Independent
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To: The Doctor

Same sort of ruling you can expect from Obama’s recent Supreme Court appointees.


30 posted on 02/23/2011 11:08:21 AM PST by sjmjax (Politicans are like bananas - they start out green, turn yellow, then rot.)
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To: Para-Ord.45
Doesn`t matter how many judges say govt deathcare is legal.
All it takes/took if for one to say it is not.

There must be a lot of money in it for demRats.


31 posted on 02/23/2011 11:08:23 AM PST by clearcarbon
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To: The Doctor

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.


32 posted on 02/23/2011 11:08:31 AM PST by RexBeach
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To: The Doctor
The plaintiffs have not opted out of the health care services market because, as living, breathing beings . . . they cannot opt out of this market

Quick! Somebody buy that judge a dictionary with the word "market" in it!

33 posted on 02/23/2011 11:09:53 AM PST by GVnana
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To: The Doctor

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.


34 posted on 02/23/2011 11:15:41 AM PST by Scott from the Left Coast
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To: I Drive Too Fast

“Former President Bill clinton appointed this moron.”

-Impeached former president Clinton


35 posted on 02/23/2011 11:19:01 AM PST by HereInTheHeartland (Vote like Obama is on the ballot)
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To: The Doctor

“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!


36 posted on 02/23/2011 11:22:00 AM PST by databoss
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To: hsalaw

Gladys Kessler (born January 22, 1938)[1] is an American jurist who sits on the U.S. District Court for the District of Columbia.[2] She was nominated to the court by President Bill Clinton, and confirmed in July 1994.

ENOUGH SAID!!!!!


37 posted on 02/23/2011 11:22:36 AM PST by Mr. Wright
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To: The Doctor

“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.


38 posted on 02/23/2011 11:24:13 AM PST by CSM (Keeper of the "Dave Ramsey Fan" ping list. FReepmail me if you want your beeber stuned.)
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To: The Doctor

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.


39 posted on 02/23/2011 11:27:53 AM PST by bigredkitty1 (March 5,2010. Rest in peace, sweet boy. I will miss you, Big Red.)
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To: The Doctor

Most likely an affirmative action judge.


40 posted on 02/23/2011 11:31:02 AM PST by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: No_More_Harkin

“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.


41 posted on 02/23/2011 11:31:02 AM PST by CSM (Keeper of the "Dave Ramsey Fan" ping list. FReepmail me if you want your beeber stuned.)
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To: hsalaw

These pro-Obamacare rulings just shows how many judges have no clue and need to be removed from the bench.


42 posted on 02/23/2011 11:43:17 AM PST by Reagan is King
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To: LowTaxesEqualsProsperity

Q: What do you say to a lawyer with an IQ of 30?

A: “Good morning, your honor.”


43 posted on 02/23/2011 11:44:57 AM PST by Emperor Palpatine (Tosca, mi fai dimenticare Iddio!!!)
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To: The Iceman Cometh

According to reply #37 below:

**Gladys Kessler (born January 22, 1938)**

She is 73 years old and dumber than a stump.


44 posted on 02/23/2011 11:45:34 AM PST by Arrowhead1952 (America has two cancers - democrats and RINOS.)
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To: No_More_Harkin
we also need clothing, shelter and companionship. Please state, provide this for me.

I need sex. Perhaps Obama will arrange Catherine Zeta Jones for me. No Helen Thomas or look alikes please. Thank you Mr. Obama!! /S

45 posted on 02/23/2011 11:48:38 AM PST by cpdiii (Deckhand, Roughneck, Geologist, Pilot, Pharmacist, Iconoclast: THE CONSTITUTION IS WORTH DYING FOR.)
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To: TheBattman
You mean: Former Fornicator In Chief?

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.

46 posted on 02/23/2011 11:48:48 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: The Doctor

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.


47 posted on 02/23/2011 11:51:19 AM PST by dennisw ( The early bird catches the worm)
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To: The Doctor

That has got to be the stupidest, most blatantly nonesensicle ruling i’ve ever read. Where do these beltway facists come from?


48 posted on 02/23/2011 11:55:32 AM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Reagan is King
She was appointed by President Clinton and her political connections seem to have been principally with the Democratic Party. However, we all know (of course we do!) that such things are of no consequence whatever in how judges decide questions of constitutional law.

[satire on] Judges’ decisions are always made after due deliberation, taking fully into account all aspects of all relevant facts and all relevant law. Indeed, that is the only way that everyone in the United States (even those who are not judges) decides whether to buy medical insurance. For that reason, Judge Kessler’s decision might even be said to make good sense.

Obviously, there are in the United States no silly, irresponsible folks who, grasshopper like, don’t pay attention to what the future may hold and who just spend their copious funds on wine, women and song without even thinking about whether they should instead spend them on more practical stuff like insurance. Nor, in our prosperous, stimulated and quickly recovering country of plentiful redistributed wealth for all, are there any who simply can’t afford health insurance regardless of the cost and who are therefore in no position to make any decision whether to buy or not to buy it. Perhaps if such people existed (and of course they don't) they would now be required to think and to decide in the abstract whether they would like to buy insurance if they were able to do so; under Judge Kessler’s reasoning, that would probably be enough to penalize them should they decide that they would not spend the funds they don’t have if they had them. Nor are there any indecisive people who just can’t make decisions for other reasons; they must decide anyway. There may be other categories, but I can’t decide whether to try to think about them and hence won’t.

In any event, if there are actually any people subject to the mandatory insurance provisions who for one reason or another don’t actually make such decisions rationally and after full consideration of all factors (or even based on a coin toss) Judge Kessler may never have encountered them and they apparently were not called to her attention. [satire off]
49 posted on 02/23/2011 12:01:58 PM PST by DanMiller (Dan Miller)
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To: Para-Ord.45
Doesn`t matter how many judges say govt deathcare is legal. All it takes/took is for one to say it is not.

You are correct but your point tends to get lost in the FR noise.

50 posted on 02/23/2011 12:03:18 PM PST by InterceptPoint
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