Skip to comments.Judge Wilkinson Hints that Overturning Obamacare Would Be a Mistake
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.
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And last month, receiving the Federalist Societys 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 revilethe health care overhaul President Barack Obama signed into law over near-unanimous Republican opposition.
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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.
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Anyone who spells Harvey as Harvie has got to have some hang-ups
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.
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.
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.
Well thank God we have Alito instead of him!!
The individual mandate takes away power completely from the states and gives it to the government (unlimited Government). Thus taking away all our freedoms.
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.
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]!
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.
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.
Yale University, B.A., 1967
University of Virginia School of Law, J.D., 1972
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
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.
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.
One should be responsible for his own health care bills. How's that for "personal responsibility"?
How can you get through Ambulance Chasers school and NOT KNOW THAT DIFFERENCE?
. . . 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.
Obamacare is totalitarian. If it’s enacted, Americans cease to be free people.
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’.