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Judge Wilkinson Hints that Overturning Obamacare Would Be a Mistake
Wall Street Journal ^ | 05/03/12 | Jess Bravin

Posted on 05/03/2012 1:17:18 PM PDT by AtlasStalled

J. Harvie Wilkinson, the federal appeals judge from Charlottesville, Va., long has carried a contrarian streak.

* * *

And last month, receiving the Federalist Society’s Lifetime Service Award at Georgetown University, Judge Wilkinson hinted that the high court he nearly joined should think twice before striking down the symbol of everything contemporary conservatives revile—the health care overhaul President Barack Obama signed into law over near-unanimous Republican opposition.

* * *

The framers envisioned not only individual rights, but democratic ones that could impose duties upon the individual, he said. “We are neglecting the code of personal responsibility that has long been the source of our national strength,” he says, echoing language in the Affordable Care Act requiring citizens to carry health insurance.

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Virginia
KEYWORDS: abortion; deathpanels; jharviewilkinson; obamacare; virginia; zerocare
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1 posted on 05/03/2012 1:17:24 PM PDT by AtlasStalled
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To: AtlasStalled

Anyone who spells Harvey as Harvie has got to have some hang-ups


2 posted on 05/03/2012 1:20:03 PM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: AtlasStalled

If Wilkinson cared so much about the “code of personal responsibility,” then he would advocate for the elimination of the Obamacare provision that forces private insurers to cover preexisting conditions.


3 posted on 05/03/2012 1:24:19 PM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: AtlasStalled
We.

Can't.

Pay.

For.

It.

Harvie.

4 posted on 05/03/2012 1:24:44 PM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: AtlasStalled
“We are neglecting the code of personal responsibility..."

It's not a code of personal responsibility if one has to be compelled to do it by force of law.

A responsible person will do it because it is the right thing to do.

"The source of our national strength" has been the reliance on individualism, not an over-reaching government in Washington telling someone in Peoria how they should live.

-PJ

5 posted on 05/03/2012 1:25:08 PM PDT by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: AtlasStalled
The health care overhaul President Barack Obama signed into law over near-unanimous Republican opposition.

NO Republicans voted for it and he had to BUY OFF some Democrats to get this turkey passed.

And he sold it on lies and then lied in his address to Congress and was miffed when someone called him out AS A LIAR.

6 posted on 05/03/2012 1:25:42 PM PDT by a fool in paradise (Barack Obama has cut and run from what he called "the right war".)
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To: AtlasStalled

Well thank God we have Alito instead of him!!


7 posted on 05/03/2012 1:25:48 PM PDT by cotton1706
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To: BigEdLB
He obviously does not understand the Commerce Clause. That the Federal Government has the right to regulate commerce between the states and the states have the right to govern their people, not the federal government.

The individual mandate takes away power completely from the states and gives it to the government (unlimited Government). Thus taking away all our freedoms.

8 posted on 05/03/2012 1:26:01 PM PDT by sr4402
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To: AtlasStalled

Near-unanimous?

Baloney. No Republican in the House or Senate voted for this bill. Snowe voted to get it out of committee but she didn’t vote for it.


9 posted on 05/03/2012 1:27:14 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: AtlasStalled
Judge Wilkinson Hints that Overturning Obamacare Would Be a Mistake

Hey Harvie. A FREE People are allowed to make their own choices, even when the so called "intelligentsia" such as yourself deem it a "mistake", so shove it up your ass [your honor]!

10 posted on 05/03/2012 1:28:49 PM PDT by The Sons of Liberty (Sworn to Defend The Constitution Against ALL Enemies, Foreign and Domestic. So Help Me GOD!)
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To: sr4402

Further the government has no right to create commerce just so that it can then regulate it.

Even more further, this violates thousands of years of established contract law. Any party that is coerced or forced into a contract against their will automatically makes any contract null and void.


11 posted on 05/03/2012 1:29:30 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: AtlasStalled

Wilkinson, James Harvie III
Born 1944 in New York, NY

Federal Judicial Service:
Judge, U.S. Court of Appeals for the Fourth Circuit
Nominated by Ronald Reagan on January 30, 1984, to a seat vacated by John Decker Butzner, Jr.. Confirmed by the Senate on August 9, 1984, and received commission on August 13, 1984. Served as chief judge, 1996-2003.

Education:
Yale University, B.A., 1967
University of Virginia School of Law, J.D., 1972

Professional Career:
U.S. Army, 1968-1969
Republican candidate for U.S. House of Representatives from Virginia, 1970
Law clerk, Justice Lewis F. Powell, Supreme Court of the United States, 1972-1973
Associate professor, University of Virginia School of Law, 1973-1978
Editorial page editor, Norfolk Virginian-Pilot, 1978-1981
Deputy assistant U.S. attorney general, Civil Rights Division, U.S. Department of Justice, 1982-1983
Professor, University of Virginia School of Law, 1983


12 posted on 05/03/2012 1:33:45 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: AtlasStalled
“We are neglecting the code of personal responsibility that has long been the source of our national strength,” he says, echoing language in the Affordable Care Act requiring citizens to carry health insurance.

We could save taxpayers money and increase productivity if we did away with the welfare state and demanded more PERSONAL RESPONSIBILITY from citizens and non-citizens alike.

13 posted on 05/03/2012 1:34:56 PM PDT by a fool in paradise (Barack Obama has cut and run from what he called "the right war".)
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To: AtlasStalled
“We are neglecting the code of personal responsibility that has long been the source of our national strength,”

Hence why so many of us have been trying to get sex induction and gay brainwashing out of the schools.

Oh, right, personal responsibility only can be used against conservatives, not for them. Forgot the golden rule of standards for liberals - if double standards were removed, they'd have no standards.

14 posted on 05/03/2012 1:35:26 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: AtlasStalled
“code of personal responsibility”

One should be responsible for his own health care bills. How's that for "personal responsibility"?

15 posted on 05/03/2012 1:36:30 PM PDT by nonsporting
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To: AuH2ORepublican
Just another judge who doesn't know the difference between "pre paid medical" or "medical insurance" which carries with it a risk.

How can you get through Ambulance Chasers school and NOT KNOW THAT DIFFERENCE?

16 posted on 05/03/2012 1:36:41 PM PDT by muawiyah
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To: AtlasStalled
Wilkinson is one slick BS artist.

. . . mistaken to say the founders sought to disable the national government from attempting to solve national problems.

This is social justice idiocy. He cannot back that statement up from the historic record. In order for transfer payments from one individual to another to be constitutional, they MUST be in the form of an amendment to the Constitution. FDR for instance did not ask for an amendment for Social Security because he knew it would fail.

17 posted on 05/03/2012 1:39:19 PM PDT by Jacquerie (No court will save us from ourselves.)
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To: AtlasStalled

Obamacare is totalitarian. If it’s enacted, Americans cease to be free people.


18 posted on 05/03/2012 1:39:59 PM PDT by FreedomForce (Dunno 2012)
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To: AtlasStalled
“The framers envisioned not only individual rights, but democratic ones that could impose duties upon the individual”

Go F yourself Harvie. Your point is intellectually vapid, and inherently inconsistent. Personal responsibility is what individuals decide to embrace, not what the government imposes. Further, if put to a national ‘democratic’ vote, Obamacare would not survive. It has never been put to a ‘democratic’ vote, and was forced down the throats of the American people by a temporary ideological majority that used every political favor and trick in the book to impose this upon us.

Your attempt to frame your argument in terms of fundamental principles is also pointless and indefensible. If taken to its ‘fundamental’ conclusion your argument holds that the government should be able to impose ‘democratically’ upon us rules dictating any and every aspect of our lives that it deems an issue of ‘personal responsibility’.

19 posted on 05/03/2012 1:41:11 PM PDT by pieceofthepuzzle
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To: pieceofthepuzzle

Well done!


20 posted on 05/03/2012 1:43:00 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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