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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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To: pieceofthepuzzle

Bravo Zulu!!


21 posted on 05/03/2012 1:47:22 PM PDT by DarthVader (Politicians govern out of self interest, Statesmen govern for a Vision greater than themselves)
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To: pieceofthepuzzle

Here’s a fundamental democratic requirement ~ that funky old judges who’ve lost touch with their conscious selves have an obligation to resign or walk in heavy Interstate traffic ~ whichever comes first.


22 posted on 05/03/2012 1:52:14 PM PDT by muawiyah
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To: AtlasStalled
The framers envisioned not only individual rights, but democratic ones that could impose duties upon the individual, he said.

OK Mr. Federal Judge...please cite the clause in the U.S. Constitution in which the framers enumerated a federal power and/or authority to enforce those 'envisioned democratic rights' you are alluding to.

Also, please cite ANY source...Federalist Papers, letters, speeches, etc. in which those same framers expressed any thoughts or ideas that the federal government should have any such power.


I don't think I'll hold my breath....
23 posted on 05/03/2012 2:09:13 PM PDT by rottndog (Be Prepared for what's coming AFTER America....)
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To: AtlasStalled

WILKINSON IS A BRILLIANT CONSTITUTIONAL SCHOLAR.

This blogger not so much...

If the remarks were in context I doubt there’d be this animosity to the judge, by thoughtful people anyway.
( I couldn’t find the speech online)


24 posted on 05/03/2012 2:09:17 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: AtlasStalled

Judge Wilkinson’s Unethical Op-Ed

By Ed Whelan

March 12, 2012 1:58 P.M. 0Canon 3(A)(6) of the Code of Conduct for United States Judges states: “A judge should not make public comment on the merits of a matter pending or impending in any court.” (Emphasis added.) Yet Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit has somehow seen fit to pen this New York Times op-ed in which he publicly comments on the merits of the pending Supreme Court challenge to Obamacare’s individual mandate and on the merits of the pending cases seeking the judicial imposition of a constitutional right to same-sex marriage. Among other things, he opines that striking down Obamacare’s individual mandate “would imbue judges with unprecedented powers” and that the arguments in favor of same-sex marriage are “political, not constitutional.”

http://www.nationalreview.com/bench-memos/293222/judge-wilkinson-s-unethical-op-ed-ed-whelan


25 posted on 05/03/2012 2:12:22 PM PDT by kcvl
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To: AtlasStalled

Well, fortunately Harvie hasn’t got a say in the matter.


26 posted on 05/03/2012 2:17:02 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: a fool in paradise
NO Republicans voted for it

Not true. Snowe (RINO-ME) was the R vote that got it out of committee.

27 posted on 05/03/2012 2:17:30 PM PDT by Drill Thrawl (The United States of America, a banana republic since 1913)
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To: AtlasStalled
The framers envisioned not only individual rights, but democratic ones that could impose duties upon the individual, he said.

No where EVER did the founders indicate they wanted citizens to be FORCED to buy ANYTHING.

Lying sack of crap judge.

28 posted on 05/03/2012 2:28:45 PM PDT by Lazamataz (To the wall, street occupiers!!!!!)
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To: AtlasStalled
Vote's already been taken by the Supremes, Harvie. And the individual mandate is going down. TS.
29 posted on 05/03/2012 2:30:51 PM PDT by StAnDeliver (=)
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To: Political Junkie Too

His “personal responsibility” definition sure does NOT match MINE!!!


30 posted on 05/03/2012 2:33:45 PM PDT by goodnesswins (2012..."We mutually pledge our Lives, our Fortunes, and our Sacred Honor")
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To: Lurking Libertarian

Interesting:
his first job after clerking was associate professor, 1973-78 — is “associate” an error for “assistant”
very odd to go from a tenured law school professor (associate) to being an editorial page editor at a regional newspaper.

Was he assistant professor for 5 years and failed to get tenure? The time span would fit.

His three years as an editorial writer before joining the Reagan administration raises questions—he must have been a fairly political type guy rather than an academic?

His being attuned to the political may be coming out now in his take on Obamacare.

Sounds like Reagan grabbed a dud—failed academic, newspaper editorializer, bureaucrat

then federal judge


31 posted on 05/03/2012 2:55:34 PM PDT by Houghton M.
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To: AtlasStalled

I thought the Federalist Society were on our side, so much for that stupid thought.


32 posted on 05/03/2012 3:00:11 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: AtlasStalled

Screw this pantywaist.


33 posted on 05/03/2012 3:08:22 PM PDT by Manic_Episode (Politics is fake. I think it's owned by Vince Mcmahon)
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To: BigEdLB
Anyone who spells Harvey as Harvie has got to have some hang-ups

I suspect that's 'Harvie' with some purty pink panties.
34 posted on 05/03/2012 3:13:27 PM PDT by mkjessup (Romney is to conservatism what Helen Thomas is to a high fashion model walkway.)
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To: Secret Agent Man
It passed the House with 219 votes (a 1 vote majority) with no Republicans voting yes. Even the RATS had to be bribed.
35 posted on 05/03/2012 3:53:26 PM PDT by Myrddin
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To: Houghton M.
Sounds like Reagan grabbed a dud—failed academic, newspaper editorializer, bureaucrat then federal judge

He has been a very strong conservative on the Court of Appeals, especially in WOT cases and abortion cases. He was often said to be on the short list for SCOTUS during the Bush administrations.

36 posted on 05/03/2012 4:03:31 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: AtlasStalled

You have a duty to cover your own health care, and only with the insurance we make you get, no other way. Apparently the judge hasn’t read Alexis deTocqueville’s Democracy in America, especially the section on Pg. 93 in my paperback edition that differentiates between centralized power and centralized administration.


37 posted on 05/03/2012 4:22:49 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: AtlasStalled

“Personal responsibility” is something else if it is mandated.


38 posted on 05/03/2012 4:28:06 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: AtlasStalled

The only way his stupid argument of “personal responsibility” works is to assume the government controls our lives and funds all of our services.

Since this is not the case his ridiculous premise boils down to a typical liberal BS utopia con job. He’s just knee jerking the fact that the left WANTS to run the healthcare industry to control us and thus whines about us not being in their system because they supposedly pay for a lot of it.

I have a simple solution for gonvernment: stop paying the medical bills for free-loading morons that don’t care about personal responsibility.

Then stop regulating the hell out of insurance companies and let them sell us products ala cart and across state lines.

Problems sovled.


39 posted on 05/03/2012 4:37:45 PM PDT by Fledermaus (Democrats are dangerous and evil. Republicans are just useless and useful idiots.)
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To: rottndog

“The framers envisioned not only individual rights, but democratic ones that could impose duties upon the individual, he said.”

My Con Law prof never mentioned anything about that BS. And I never missed a day of classes.


40 posted on 05/03/2012 5:04:09 PM PDT by chooseascreennamepat (The response to 1984 is 1776.)
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To: BigEdLB

Gaydar is going off the charts. :)


41 posted on 05/03/2012 5:45:47 PM PDT by SaraJohnson
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To: AtlasStalled
THEY can dress is up in all that THEY like....

But We the People KNOW ...ObamaCare has NOTHING to do with “healthcare” and everything to do with bureaucratic perpetual Ivy League employment machines telling each of us every little thing we think , do and spend all our lives.

42 posted on 05/03/2012 5:50:25 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Fledermaus

“...stop paying the medical bills for free-loading morons that don’t care about personal responsibility.

Then stop regulating the hell out of insurance companies and let them sell us products ala cart and across state lines.”

But that’s no fun at all!!


43 posted on 05/03/2012 5:52:55 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: AtlasStalled

Oh yes. It’s right there in Amendment 10a isn’t it?

“Accept the duties I impose or it is off to the Gulag with you!”

What an effing monster.


44 posted on 05/03/2012 6:18:20 PM PDT by Fightin Whitey
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To: All; AtlasStalled
"the code of personal responsibility"???

As mandated by mob rules and or judicial fiat?

I would think if this black robed argument was correct then what the judge actually refers to is better termed "collective responsibility" versus the historically accurate and legitimate "personal responsibility"

This judge seems to be another leftist preaching about government granted collective salvation under a regime devoid of God; a regime devoid of individual rights; and as such, a regime devoid of the self determination premising the very choices that establish personal responsibility's existence...

It is quite simple to point out the judge's detour from reality by asking a simple question: If an individual cannot decide to be irresponsible THEN how can responsibility be considered personal?

45 posted on 05/03/2012 6:24:34 PM PDT by DBeers (†)
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To: Drill Thrawl

Getting something out of committee isn’t necessarily support.

Recall when the Republicans made the Democrats vote down their own bill to reinstate the draft while Bush was President.


46 posted on 05/03/2012 6:57:33 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: a fool in paradise
"Getting something out of committee isn’t necessarily support."

If the female dog did not vote it out of committee it wouldn't have happened. Why would you vote something out of committee if you don't support and know it still might pass. That is the difference.

47 posted on 05/03/2012 7:12:53 PM PDT by Drill Thrawl (The United States of America, a banana republic since 1913)
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To: AtlasStalled

1 Peter 5:8 “Be sober, be vigilant; because your adversary the devil walks about like a roaring lion, seeking whom he may devour.”


48 posted on 05/03/2012 7:54:09 PM PDT by ourworldawry
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To: AtlasStalled

Rip that “Award” away from him!

The very propose of the Constitution of a free republic is to limit government to preserve individual liberty. You know so that “majorities” can’t vote that liberty away with whatever burden of taxation or “forced service” they like.

If this man is a “judge” he is a truly sick example.


49 posted on 05/03/2012 7:56:22 PM PDT by Monorprise
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To: DBeers

“This judge seems to be another leftist preaching about government granted collective salvation under a regime devoid of God; a regime devoid of individual rights; and as such, a regime devoid of the self determination premising the very choices that establish personal responsibility’s existence...

It is quite simple to point out the judge’s detour from reality by asking a simple question: If an individual cannot decide to be irresponsible THEN how can responsibility be considered personal?”

Outstanding way of putting it! This bares repeating to every leftist and “moderate” alike. This “judge” is off his rocker, and need to have that fake award ripped from he who believed men have the right to simply vote away the rights of other men.


50 posted on 05/03/2012 8:01:47 PM PDT by Monorprise
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