Skip to comments.Pa. Fed Judge Knocks Down Key Obamacare Health Care Requirement
Posted on 09/13/2011 11:48:58 AM PDT by Williams
HARRISBURG, Pa. (AP) The requirement in the national health-care overhaul law that individuals buy health insurance is unconstitutional, a federal judge in Pennsylvania ruled Tuesday in a question that the U.S. Supreme Court is expected to settle.
The suit decided by Judge Christopher C. Conner in Harrisburg is one of more than 30 lawsuits nationwide that have been filed over the 2010 law that is President Barack Obama's signature initiative.
Conner, who was appointed to the federal bench in 2002 by President George W. Bush, said the individual mandate is an unconstitutional extension of authority granted to the federal government under the Constitution's commerce clause.
(Excerpt) Read more at delcotimes.com ...
More and more, I think that SCOTUS won’t touch this next year....they’ll continue to duck it...and let the 2012 VOt be decisive..
I’m afraid you could be right...they have a habit of ducking and dodging critical issues lately...
It is a maxim of law that “An act done by me, against my will, is not my act”.
If you are compelled to do something you are supposed to be legally absolved of any and all results.
Note: This IS NOT about contract law! If you legally enter a contract with full knowledge, you are bound by the terms and conditions.
Said it before, will say it again — we need a republican — Perry, Bachmann, Romney...anyone...in the WH to appoint judges who respect the law. Yes, I believe, even Romney would appoint better judges than Obama...
While I did not agree with everything George W. Bush did (he spent way too much), he appointed many qualified, constitutional-respecting judges to the federal bench.
2012 is truly a big year for this country.
More and more, I think that SCOTUS wont touch this next year....theyll continue to duck it...and let the 2012 VOt be decisive..
They will not duck it...the conservatives on the bench could not care less about the results of the 2012 election with respect to this law’s constitutionality.
To use the High Courts words, I’d say the issue is ripe for review...
Then why haven’t they already taken it up for expedited review..lord knows..there’s enough reason to do so..the mess it’s caused is costing billions....
How the hell did a U.S. Citizen FINALLY have “Standing” to even have a case against the Federal Government’s Messiah even Heard?
The "First Monday in October" is on its way.
The Virginia Lawsuit should be at the USSC soon.
The Supreme Court has a habit of letting the appeals run their course with, I think, good reason. There are so many issues in this travesty of a law, that the Court wants a solid record of argument and evidence on which to base a decision. That record is created through the appeals process. A lawyer get 30 minutes - including the time taken up by the justices' questions - for oral argument. All the cards need to be spread out, face up, on the table before the Supreme Court gets involved.
All of the “talking heads” in DC [both conservative and liberal] expect the case from the State AGs to be heard in the next term, with a decision by June 2012 ...
Then it will take the SCOTUS to void the whole law? Not just part of Obamacare?
Then why havent they already taken it up for expedited review..lord knows..theres enough reason to do so..the mess its caused is costing billions....
Because the court is not on any time table but its own. Expedited review is hardly ever used. The court may take it up before or after the election, but the outcome of 2012 will have nothing to do with the decision of the SC— unless a conservative retires or dies and is replaced by another Obamatard.
Something as huge (and evil) as obamacare will not die in the lower courts. The elements of the gubmint now in place will keep appealing until it hits the SC. The only way for it not to be heard there is for the SC to decline to hear it. I forget what the term for that is. (Denial of Certiorari?)
The evil sorcerer and his flying monkeys will continue to implement all of it they can through regulatory means. Some of it has already put down roots. It will be hard to eradicate.
Im afraid you could be right...they have a habit of ducking and dodging critical issues lately...
You're both right. The SCOTUS is mostly a senile band of liberals or scared moderates. If they had any balls they should have ruled on the constitutional eligibility of 0dumb0, but they are petrified to touch this with a 10 ft pole. These weenies make a ruling on 6-10 cases per year. WTH do they do with the rest of their time. I suspect most of them are snoozing in 3-4 hr afternoon siestas. There's a picture of Ruth Ginsberg sleeping on the bench during a court session. And when they do make a call, inevitably it's the wrong call. Our government is breaking down at all three branches. Soon we will be back to feudal, warlord, type of system. The United States will be no more.
Our SC court operates under an ancient biblical practice:
15 Moses answered him, Because the people come to me to seek Gods will. 16 Whenever they have a dispute, it is brought to me, and I decide between the parties and inform them of Gods decrees and instructions.
17 Moses father-in-law replied, What you are doing is not good. 18 You and these people who come to you will only wear yourselves out. The work is too heavy for you; you cannot handle it alone. 19 Listen now to me and I will give you some advice, and may God be with you. You must be the peoples representative before God and bring their disputes to him. 20 Teach them his decrees and instructions, and show them the way they are to live and how they are to behave. 21 But select capable men from all the peoplemen who fear God, trustworthy men who hate dishonest gainand appoint them as officials over thousands, hundreds, fifties and tens. 22 Have them serve as judges for the people at all times, but have them bring every difficult case to you; the simple cases they can decide themselves. That will make your load lighter, because they will share it with you. 23 If you do this and God so commands, you will be able to stand the strain, and all these people will go home satisfied.
24 Moses listened to his father-in-law and did everything he said. 25 He chose capable men from all Israel and made them leaders of the people, officials over thousands, hundreds, fifties and tens. 26 They served as judges for the people at all times. The difficult cases they brought to Moses, but the simple ones they decided themselves.
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