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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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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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To: The Doctor

I wonder how difficult it is to have a judge released from their duty when their reckless decisions endanger the public?


51 posted on 02/23/2011 12:04:19 PM PST by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: The Doctor

Further confirms what we already know, that people inside the beltway have zero regard for the Constitution


52 posted on 02/23/2011 12:06:13 PM PST by Buckeye McFrog
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To: The Doctor

The opinion was published November 30, 2010.


53 posted on 02/23/2011 12:07:18 PM PST by esquirette ("Our hearts are restless until they find rest in Thee." ~ Augustine)
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To: The Doctor

Kessler was nominated to the United States District Court for the District of Columbia by President Bill Clinton on March 22, 1994 to a seat vacated by Michael Boudin. Kessler was Confirmed by the Senate on June 15, 1994 on a majority vote and received commission on June 16, 1994. [2] She assumed senior status on January 22, 2007.[1] Her first job was as an attorney for the National Labor Relations Board...


54 posted on 02/23/2011 12:09:09 PM PST by pabianice
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To: Truth29

Judges have never cared much about the Constitution. Enumerated powers got expanded by shoving everything under the commerce clause. They give their employers (the government) full reign to establish a tyranny. The SC is as careless about logic as any lower level judge. This is all politics. Right now we have a “maybe” 5-4 majority, but then maybe not.


55 posted on 02/23/2011 12:11:12 PM PST by Goreknowshowtocheat
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To: The Doctor

Memo to every judge in America:

I no longer care what your legal opinions are. And like all opinions, they are like posteriors - everyone has one. Granted, you attended school longer than I. I only earned two masters degrees, while you went to (drumroll) Law School. So you are no more intelligent than I, so I’ll reach my own decisions.

No one can force me to pay for DeathCare abortions. No one can force me to kneel before the false gods of PC, Liberalism and Communism. No one can force me to break a vow I made at age 17 - to “support and defend the Constitution of the United States against all enemies, foreign and domestic;” and to “bear true faith and allegiance to the same;” and to “obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

So you can take your clauses and penumbras and SIUYA.


56 posted on 02/23/2011 12:13:03 PM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: The Doctor
Gladys Kessler is the most over ruled judge on the bench.

She is the definition of an oxygen thief.

57 posted on 02/23/2011 12:31:52 PM PST by CPT Clay (Pick up your weapon and follow me.)
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To: The Doctor

bump


58 posted on 02/23/2011 12:36:30 PM PST by God luvs America (When the silent majority speaks the earth trembles!)
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To: The Doctor

It’s DC. This is worst than California’s Nineth Circuit. Did anyone expect any other decision or a decision that makes sense?


59 posted on 02/23/2011 12:39:26 PM PST by HarleyD
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To: The Doctor; All

I’m not freakin’ gonna worry about it. These monsters of the statism WILL lose in the end, and they will be replaced.

They are not the final word. They are writing opinions that will be used as examples for future generations of a totalitarianism that was defeated by lovers of liberty.


60 posted on 02/23/2011 1:13:27 PM PST by Recovering_Democrat
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