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Pa. Fed Judge Knocks Down Key Obamacare Health Care Requirement
AP ^ | 9 /13 11 | Marc Levy

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 ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: bhohealthcare; bushappointee; christophercconner; democrats; healthcare; individualmandate; mymuslimfaith; obama; obamacare; pafedjudge; pennsylvania; pennsylvaniajudge; socialisthealthcare; socializedmedicine; trustme; trustmemoammar; underwearbummer

1 posted on 09/13/2011 11:49:07 AM PDT by Williams
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To: Williams

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..


2 posted on 09/13/2011 11:52:50 AM PDT by ken5050 (Save the EARTH...it's the ONLY planet with CHOCOLATE!!!)
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To: ken5050

I’m afraid you could be right...they have a habit of ducking and dodging critical issues lately...


3 posted on 09/13/2011 11:55:33 AM PDT by RowdyFFC
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To: Williams

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.


4 posted on 09/13/2011 11:55:44 AM PDT by djf (One of the few FReepers who NEVER clicked the "dead weasel" thread!! But may not last much longer...)
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To: Williams

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.


5 posted on 09/13/2011 11:57:55 AM PDT by Tulane
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To: ken5050

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..
_______________

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.


6 posted on 09/13/2011 11:59:36 AM PDT by Tulane
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To: Tulane

To use the High Courts words, I’d say the issue is ripe for review...


7 posted on 09/13/2011 12:01:58 PM PDT by Eric in the Ozarks (I want a Triple A president for our Triple A country)
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To: Tulane

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....


8 posted on 09/13/2011 12:03:57 PM PDT by ken5050 (Save the EARTH...it's the ONLY planet with CHOCOLATE!!!)
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To: Williams

How the hell did a U.S. Citizen FINALLY have “Standing” to even have a case against the Federal Government’s Messiah even Heard?


9 posted on 09/13/2011 12:14:30 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: ken5050
Then why haven’t they already taken it up for expedited review..

The "First Monday in October" is on its way.

10 posted on 09/13/2011 12:15:23 PM PDT by RobinOfKingston (The instinct toward liberalism is located in the part of the brain called the rectal lobe.)
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To: Williams

The Virginia Lawsuit should be at the USSC soon.


11 posted on 09/13/2011 12:15:45 PM PDT by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: ken5050
"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....

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.

12 posted on 09/13/2011 12:40:27 PM PDT by In Maryland ("If stupidity got us into this mess, why can't it get us out?" - Mark Twain)
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To: Williams

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 ...


13 posted on 09/13/2011 1:13:18 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: RobinOfKingston

Then it will take the SCOTUS to void the whole law? Not just part of Obamacare?


14 posted on 09/13/2011 1:17:42 PM PDT by Buddygirl
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To: ken5050

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....
_____________________

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.


15 posted on 09/13/2011 1:42:17 PM PDT by Tulane
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To: Buddygirl

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.


16 posted on 09/13/2011 1:43:03 PM PDT by RobinOfKingston (The instinct toward liberalism is located in the part of the brain called the rectal lobe.)
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To: RowdyFFC; ken5050
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...

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.

17 posted on 09/13/2011 1:47:57 PM PDT by rcrngroup
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To: ken5050

Our SC court operates under an ancient biblical practice:

15 Moses answered him, “Because the people come to me to seek God’s will. 16 Whenever they have a dispute, it is brought to me, and I decide between the parties and inform them of God’s 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 people’s 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 people—men who fear God, trustworthy men who hate dishonest gain—and 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.


18 posted on 09/13/2011 1:54:48 PM PDT by Raycpa
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To: Williams

Excellent!


19 posted on 09/13/2011 1:57:03 PM PDT by American Quilter (aka American Hobbit)
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To: Williams

bump


20 posted on 09/13/2011 2:00:05 PM PDT by WashingtonSource
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To: Williams

Surprised and proud of my commonwealth for the first time in decades! Thank you Judge Connor!


21 posted on 09/13/2011 2:15:08 PM PDT by cake_crumb (Obama: the Unholy Won.)
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To: Tulane

“Yes, I believe, even Romney would appoint better judges than Obama...”

I do too and while Romney is not my first choice I will not demonize him as many on FR do.


22 posted on 09/13/2011 2:16:13 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: RobinOfKingston

“The “First Monday in October” is on its way.

A good subject for prayer; thanks for the reminder.


23 posted on 09/13/2011 2:17:07 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Williams

I had federal jury duty with Judge Connor last summer. He’s an excellent judge.


24 posted on 09/13/2011 2:19:22 PM PDT by Virginia Ridgerunner (Sarah Palin has crossed the Rubicon!)
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To: ken5050

If Thomas was Chief Justice Obamacare would not only have already been ruled unconstitutional,Obama himself,along with Reid and Pelosi would have been frog marched for contempt of the constitution.


25 posted on 09/13/2011 2:38:05 PM PDT by Happy Rain ("Count to ten when dealing with fools--with liberals make it twenty.")
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To: ken5050

If Thomas was Chief Justice Obamacare would not only have already been ruled unconstitutional,Obama himself,along with Reid and Pelosi would have been frog marched for contempt of the constitution.


26 posted on 09/13/2011 2:38:05 PM PDT by Happy Rain ("Count to ten when dealing with fools--with liberals make it twenty.")
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To: ken5050
More and more, I think that SCOTUS won’t touch this next year...

I'm leaning in the other direction. I believe there are several justices who would like a piece of Jug Ears after his feeble attempt to embarrass and intimidate them. In their position I wouldn't want to appear too eager for some payback though. Driving a stake into the heart of obamacare around the middle of 2012 would be a nice touch.

27 posted on 09/13/2011 3:04:31 PM PDT by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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To: Williams
to bad that won't stop having to declare you company provided insurance from being added to your income on your W-2 for 2013...
28 posted on 09/13/2011 3:04:31 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Williams

Good!


29 posted on 09/13/2011 4:48:39 PM PDT by LUV W (Obama is E V I L!!! RUN, SARAH---RUN!!!)
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To: ken5050
More and more, I think that SCOTUS won’t touch this next year

I don't see how they can dodge it. They have competing and contradictory rulings from federal circuit courts.

30 posted on 09/13/2011 5:09:22 PM PDT by newzjunkey (Will racist demagogue Andre Carson be censured by the House?)
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To: Williams

I firmly believe that it is our extraordinarily expensive health care insurance system (10-15K per year per individual) where employees are tethered to their employers, instead of being free to take risks and move on and afford health care for their family that is singularly responsible for the decline in what was our once great USA entrepreneurial spirit.

We need a major societal change that encourages all Americans to take risks, innovate and be free instead of being trapped as indentured servants because of our current health care.


31 posted on 09/13/2011 5:25:49 PM PDT by apoliticalone (Honest govt. that operates in the interest of US sovereignty and the people, not global $$$)
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To: Persevero

As I recall, Romney appointed a professional abortion advocate, also a Democrat, to the Massachusetts Supreme Court.

Better than Obama, yes; but not by much.

Romney was also responsible for gay marriage in Massachusetts.


32 posted on 09/13/2011 5:59:28 PM PDT by Cicero (Marcus Tullius.)
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To: Cicero

“As I recall, Romney appointed a professional abortion advocate, also a Democrat, to the Massachusetts Supreme Court.

Better than Obama, yes; but not by much.

Romney was also responsible for gay marriage in Massachusetts.”

Good points to consider, all of them. Thank you.


33 posted on 09/13/2011 6:13:34 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: ken5050

Sounds like your suggesting they are prepared to declare it a political question and thus “constitutional”. Which means in no uncertainty terms(Given that nobody else is allowed to check the power garbing politics in DC) that the Federal Government is entirely lawless.

I don’t see how a free Federal republic can long survive with such an entirely boundless Federal Government


34 posted on 09/13/2011 8:57:09 PM PDT by Monorprise
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To: Cicero

Romney Pretty much reflects elite opinion in the United States. Recall how Bush trotted out his mother ,his wife, and his daughters in favor of gay marriage. It keeps him from having to support it directly. He’s also a Methodist, and they are over the map on this, as well. Of course, Methodists do tend to fudge theological issues, but John Wesley must be spinning in his grave.


35 posted on 09/13/2011 10:06:20 PM PDT by RobbyS (Pray with the suffering souls.)
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To: ken5050

Think October 1st.


36 posted on 09/14/2011 2:47:25 AM PDT by A Navy Vet (Obamanists think they can make socialism work this time. Europe...still there?)
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To: A Navy Vet

Have any of the lawsuits actually been appealed to them yet?


37 posted on 09/14/2011 3:22:46 AM PDT by Lynne
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To: All

They must act SOON.

What if one of the Justices is in a car “accident” and O gets to appoint a new one? We would be hozed.

They need to act SOON while we have a majority.


38 posted on 09/14/2011 3:58:33 AM PDT by FUBO (and EFF EWE Al Gore)
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To: RobinOfKingston

“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.”

This is very true. Doctors are already closing private practices and being farmed into pens owned by big business.

My doctor just reminded me that Hillary left us with managed care.


39 posted on 09/14/2011 7:01:23 AM PDT by bronxville (Sarah will be the first American female president.)
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To: Williams
I want to see a knock down that cites
(1) length and complexity of the bill making it intractable, and incomprehensible,

(2) statements by legislators and aides that the legislators hadn't read the bill and thus the bill is the fruit of court-reviewable malfeasance


40 posted on 09/14/2011 7:05:20 AM PDT by bvw
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To: RobbyS

Just so. John Wesley was the single person most responsible for the religious reform and revival of the 19th century, in the Church of England as well as the Methodist Church.

The Methodist Church was at the cutting edge of Protestant revival in the English speaking world. And now look at it.


41 posted on 09/14/2011 8:35:09 AM PDT by Cicero (Marcus Tullius.)
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To: Cicero

All Christian churches have been infiltrated by “modernists,” Christians who think of Christianity as a “useful” myth, not to be taken literally but useful for inculcating morality, or at least the morality favored by the elite.


42 posted on 09/14/2011 11:52:28 AM PDT by RobbyS (Pray with the suffering souls.)
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