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Appeals Court in Ohio Upholds Health Law (Requirement to buy Health Insurance is Constitutional)
Wall Street Journal ^ | 6/29/11 | P Landers

Posted on 06/29/2011 11:05:59 AM PDT by Recovering_Democrat

A federal appeals court in Cincinnati on Wednesday upheld the health-care law passed by Congress last year, saying the law's requirement for most Americans to carry insurance or pay a penalty is constitutional.

The vote was 2-1 on the three-judge panel on the key question of whether the insurance requirement exceeded Congress's powers under the Commerce Clause of the U.S. Constitution. The majority concluded that it did not.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Breaking News; Culture/Society; News/Current Events; Politics/Elections; US: Ohio
KEYWORDS: blackrobedtyrants; courts; fascism; health; healthcare; hussein; obamacare; ohio
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To: Cheerio
Let SCOTUS say this is Constitutional and watch the result (in the streets).

Sadly, nothing will happen. The only thing that will wake up enough Americans is a total economic collapse.

61 posted on 06/29/2011 12:55:32 PM PDT by sand88 (Sarah Palin announces her run: August 12, 2011 11:10am ET)
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To: sand88

The only thing that will wake up enough Americans is when we’re all being perp-walked into a waiting federal cruiser.

But obviously, by that time, it will be too late. Which is exactly what the government is going for.


62 posted on 06/29/2011 1:00:11 PM PDT by wastedyears (SEAL SIX makes me proud to have been playing SOCOM since 2003.)
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To: free me
"The SCOTUS will have set a precedent..."

And therein lies the crux of this problem - our modern day reliance on case law. Unlike what the Founders intended, courts today rarely if ever reach down far enough to determine whether a law is truly constitutional by comparing it to the Constitution's original intent. They merely look at how previous courts have ruled on the matter (and then add a liberal dose of their own foolish reasoning for good measure). This is idiotic, as it means that if the first court got it wrong their error is compounded as subsequent courts build upon the faulty foundation.

63 posted on 06/29/2011 1:00:31 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: sand88

AND why is this, and threads similar, not lighting up as a Christmas trees?


64 posted on 06/29/2011 1:03:41 PM PDT by Varsity Flight
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To: Danae
Only SCOTUS is going to decide this one.

And I hope they get to it promptly. There are hundreds of scumbag socialists in Wash DC working 80 hours a week to implement nobamacare behind closed doors with no accountability.

I'm concerned that if SCOTUS waits too long, the cry will be, "Healthcare is too big to fall! You must find it constitutional."

65 posted on 06/29/2011 1:03:48 PM PDT by upchuck (Think you know hardship? Ha! Wait till the dollar is no longer the world's reserve currency.)
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To: douginthearmy
I’m not advocating violence, but if the Civil War II kicks off in my lifetime, I will make it my personal goal to bring some of these liberal judges to justice.

God help us if it comes to CW II or Rev II. If it does, then your intentions would be applauded by our Founders. They always would want us to be vigilant against tyranny. Without a doubt, tyranny is on the march. The big question in the coming years is if it can be reversed peacefully.

66 posted on 06/29/2011 1:06:28 PM PDT by sand88 (Sarah Palin announces her run: August 12, 2011 11:10am ET)
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To: noiseman

Which is where the whole joke of precedence comes in. There was a reason the first Supreme Court had only 5 justices, because all they had to go on was the Constitution. Then it was increased to 7, then 9, and I have no idea where precedence comes from, or who started it.


67 posted on 06/29/2011 1:07:09 PM PDT by wastedyears (SEAL SIX makes me proud to have been playing SOCOM since 2003.)
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To: Georgia Girl 2

Predictably it will come down to which side of the bed Kennedy wakes up on.


68 posted on 06/29/2011 1:12:31 PM PDT by PISANO
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To: Varsity Flight
AND why is this, and threads similar, not lighting up as a Christmas trees?

?? Sorry, I am not sure what you mean? Do you imply we should be livid at the encroaching tyranny? If so I agree. Our Republic is being transformed into a Socialist hell and most Americans seem unaware. It's frustrating to behold.

The will of the People is being ignored by ALL branches of government and certainly by the parasites that infest the executive agencies.

69 posted on 06/29/2011 1:13:05 PM PDT by sand88 (Sarah Palin announces her run: August 12, 2011 11:10am ET)
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To: dragnet2
"By law, they will force you to pay or else."

That or else is going to cause a lot of people to need medical care. Sometimes I think the purpose of Obamacare and the blizzard of other new laws and regulations is to so fragment society and pit us against ourselves so that the country will collapse.

70 posted on 06/29/2011 1:16:44 PM PDT by Truth29
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To: Recovering_Democrat

Ludicrous. But I guess this means when we regain control of the presidency and congress we can mandate everyone owns a gun (for national defense and as guaranteed by the 2nd ammendment, enforced by the commerce clause) or a Bible. I suppose everyone having to make a one-time expenditure to buy a gun, as opposed to a monthly, endless health insurance fee, would be hailed by the left as unconstitutional. Of course it’s unconstitutional! The government cannot force people to buy products! That’s the whole point.


71 posted on 06/29/2011 1:17:01 PM PDT by COgamer
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To: Recovering_Democrat

Time to rumble!


72 posted on 06/29/2011 1:23:15 PM PDT by SouthTexas (You cannot bargain with the devil, shut the government down.)
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To: wastedyears
Particularly in the realm of the Supreme Court, precedent should be virtually irrelevant. All that SCOTUS should be deciding is constitutionality, and in most cases that can be easily determined by merely reading the Constitution. In other cases where the original intent is less clear, the only additional evidence that should be consulted should be the additional writings (such as the Federalist Papers) and actions of the Constitution's framers.

If the Court is truly trying to determine constitutionality (I know, humor me for a minute and assume that there still exists a judge who cares), then what better method exists than to examine what else the Framers wrote and to observe their actions after they ratified the Constitution? If we used this straightforward method, many of today's constitutional debates would become moot. Certainly, as an example, the whole "separation clause" debate would be shown to be silly once a court actually realized that the very same people who wrote it subsequently held church services in the Capitol building and in the Supreme Court chambers! And a hundred other examples, such as Congress appropriating funds for the purchase of Bibles, could be cited as icing on the cake.

On so many constitutional questions there really is no room for debate if we just quit relying on politically-motivated reinterpretation and instead look to original intent.

73 posted on 06/29/2011 1:34:41 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: GeronL

Yes if they should uphold Obamacare then the Congress will have to repeal it. Its got to go.


74 posted on 06/29/2011 1:36:09 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Recovering_Democrat
Judge Martin's ruling dismissed the plaintiffs' contention that Congress overstepped its bounds by regulating "inactivity" and forcing people to buy a product they might not want.
"Virtually everyone will need health care services at some point," he wrote.

Now only the Supreme Court stands between the American people and a ravenous nanny-state foaming at the mouth to control our every "needed" purchase--from cradle to grave.


75 posted on 06/29/2011 1:37:15 PM PDT by henbane
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To: Recovering_Democrat

If big brother passed a law against breathing and the courts ruled it constitutional, I wonder how many people would follow it because they said so.


76 posted on 06/29/2011 1:37:29 PM PDT by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: sand88
I recall a certain batch of "conservative" Republicans running in Nov '10 on a platform of defunding Obamacare, which would render these court decisions "inoperative", at least for the short term.

Hmmm.

Maybe I got it all wrong.

77 posted on 06/29/2011 1:42:08 PM PDT by daler
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To: LowTaxesEqualsProsperity

You mean John Roberts and Samuel Alito? That “crap”?


78 posted on 06/29/2011 1:59:54 PM PDT by txrangerette ("...HOLD TO THE TRUTH; SPEAK WITHOUT FEAR." - Glenn Beck)
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To: chris37

DITTO! He can stick it where the sun doesn’t shine. That POS doesn’t rule my life or tell me what to do . Like you said, they can go eff off. I don’t need their sh*tty gestapo death panels health care. I can very easily get my health care ( and it is EXCELLENT) at my home outside the U.S. If it’s not repealed and I reach the age where Medicare kicks in, I’m out of here for good.


79 posted on 06/29/2011 2:00:43 PM PDT by mojitojoe ( 1400 years of existence & Islam has 2 main accomplishments, psychotic violence and goat curry)
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To: LowTaxesEqualsProsperity

Justices John Roberts and Samuel Alito will trump this one.

Just incidentally, appointed by George W Bush.


80 posted on 06/29/2011 2:02:54 PM PDT by txrangerette ("...HOLD TO THE TRUTH; SPEAK WITHOUT FEAR." - Glenn Beck)
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