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Federal Judge in Florida Rules Individual Mandate is Unconstitutional
Fox News Detroit ^ | 1-31-2011 | Fox News

Posted on 01/31/2011 12:06:59 PM PST by Marty62

Edited on 01/31/2011 12:19:03 PM PST by Admin Moderator. [history]

Federal Judge in Florida Rules Individual Mandate is Unconstitutional

Updated: Monday, 31 Jan 2011, 3:07 PM EST
Published : Monday, 31 Jan 2011, 3:07 PM EST

(NewsCore) - A Florida federal judge ruled Monday in a 26-state challenge to the national health care law that the provision requiring individuals to purchase health insurance by 2014 or suffer a penalty is unconstitutional, Fox News Channel reported.

Excerpt, see myfoxdetroit



TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: 10thamendment; fail; healthcare; healthcarelaw; judgevinson; obama; obamacare; obamacarefail; socializedmedicine; statesrights; teapartyrebellion
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Just headline. FYI only.
1 posted on 01/31/2011 12:07:10 PM PST by Marty62
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To: Marty62

/cheers!


2 posted on 01/31/2011 12:07:47 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Marty62

Just heard it on the radio — GOOD NEWS when we need it most!


3 posted on 01/31/2011 12:07:47 PM PST by Kieri (The Conservatrarian)
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To: Marty62

No injunction to prevent implementation yet since that individual mandate has not taken effect...until 2014. 2700 pages of crap..UNCONSTITUTIONAL!!!


4 posted on 01/31/2011 12:08:54 PM PST by GRRRRR (He'll NEVER be my President, FUBO!)
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To: Marty62

Great! Great!


5 posted on 01/31/2011 12:08:54 PM PST by Bushbacker1 (I miss President Bush greatly! Palin in 2012! 2012 - The End Of An Error! (Oathkeeper))
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To: Marty62

Now what happens?


6 posted on 01/31/2011 12:09:03 PM PST by ColdOne
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To: Marty62
"FANTASTIC!
7 posted on 01/31/2011 12:09:10 PM PST by Beaten Valve
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To: Kieri
Megyn Kelly just read it.....YAY

But don't stay with Shep, he'll make your head explode....

He wants to grab this good news and turn it negative!

8 posted on 01/31/2011 12:09:29 PM PST by Guenevere (....)
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To: Marty62

You don’t say! :) Happy day it is...


9 posted on 01/31/2011 12:09:53 PM PST by ninergold3 (Let Go and Let God - He IS In Control)
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To: Marty62

Cha ching!


10 posted on 01/31/2011 12:09:53 PM PST by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Marty62
He ruled the whole law is unconstitutional because it does not have aseverability clause. If we get this ruiling from the Supremes it will be the best thing for this country in my whole life.
11 posted on 01/31/2011 12:10:02 PM PST by NRG1973
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To: Marty62

This is big..it’s the 26 state lawsuit.


12 posted on 01/31/2011 12:10:08 PM PST by lormand (A Government who robs Peter to pay Paul, will always have the support of Paul)
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To: Marty62
YES!!!!!!!!!!!!
13 posted on 01/31/2011 12:10:08 PM PST by Danae (Anailnathrach ortha bhais is beatha do cheal deanaimha)
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To: Marty62

ENTIRE ACT DECLARED VOID, because parts cannot be broken out of it, per FoxNews Breaking.


14 posted on 01/31/2011 12:10:08 PM PST by TomGuy
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To: ColdOne

Congress needs to start defunding it so it cannot move forward.


15 posted on 01/31/2011 12:10:12 PM PST by dforest
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To: KoRn

He didn’t issue injuction due to not taking effect until 2014.

Individual mandate NOT severable...therefore UNCONSTITUTIONAL. YEEEESSSSS baaaaby.


16 posted on 01/31/2011 12:10:26 PM PST by Marty62 (Marty 60)
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To: Marty62

I guess this will go to the Supremes next?


17 posted on 01/31/2011 12:10:26 PM PST by AbeKrieger (If you believe in manmade global warming, you lack the gift of reason.)
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To: Marty62

Fox News reports: “U.S. Judge says entire health care law must be declared void”.


18 posted on 01/31/2011 12:10:29 PM PST by smoothsailing
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To: Marty62
The requirement that would force citizens to buy Obamacare is, according to the Judge, Unconstitutional.

Thank you.

19 posted on 01/31/2011 12:10:30 PM PST by muleskinner
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To: Marty62
Is there any news on whether the whole law was thrown out, or did the judge declare the unconstitutional parts separable from the rest of the law even though Congress didn't include a separability provision in the law?
20 posted on 01/31/2011 12:10:52 PM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: Marty62

Off to the SCOTUS we go!!!!!


21 posted on 01/31/2011 12:10:52 PM PST by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: Marty62

YABA DABA DO! and Hallelujah!


22 posted on 01/31/2011 12:11:13 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: All

Judge Napolitano on Fox News explaining it now.

All 2700 pages found unconstitutional. Woo Hoo!!


23 posted on 01/31/2011 12:11:33 PM PST by potlatch ( !/ ~*coincidences usually aren't *~\!)
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To: KoRn

He didn’t issue injuction due to not taking effect until 2014.

Individual mandate NOT severable...therefore UNCONSTITUTIONAL. YEEEESSSSS baaaaby.


24 posted on 01/31/2011 12:11:33 PM PST by Marty62 (Marty 60)
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To: ColdOne
Now what happens?

Obama offers HHS post to Mubarak?

25 posted on 01/31/2011 12:11:37 PM PST by keat
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To: Marty62

Justice Kennedy must be feeling all powerful again just about now.


26 posted on 01/31/2011 12:11:56 PM PST by cll (I am the warrant and the sanction)
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To: Marty62

Thats 4 very fast posts


27 posted on 01/31/2011 12:12:00 PM PST by GeronL (http://www.stink-eye.net/forum/index.php)
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To: KarlInOhio

Not separable.


28 posted on 01/31/2011 12:12:07 PM PST by dforest
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To: Marty62

BRAVO!!!


29 posted on 01/31/2011 12:12:22 PM PST by Eagle of Liberty (formally known as Kerretarded....I changed my name)
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To: Marty62

http://blogs.forbes.com/davidwhelan/2011/01/31/breaking-news-florida-judge-rules-against-obamacare-individual-mandate-unconstitutional/


30 posted on 01/31/2011 12:12:27 PM PST by JoeProBono (A closed mouth gathers no feet - Visualize)
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To: Marty62

Obama’s UNCONSTITUTIONAL too, but I guess this is a good first step.


31 posted on 01/31/2011 12:12:30 PM PST by Cementjungle
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To: ColdOne

Obama definitely one termer!!!!!!!


32 posted on 01/31/2011 12:12:44 PM PST by Marty62 (Marty 60)
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To: Marty62

ObamaCare ruled unconstitutional... good news, but not the final word.


33 posted on 01/31/2011 12:12:46 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: Kieri

WOO HOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


34 posted on 01/31/2011 12:13:33 PM PST by pollywog ("O Thou who changest not, abide with me.".......)
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To: Marty62

Some text on the ruling here:

http://www.slate.com/blogs/blogs/weigel/archive/2011/01/31/florida-district-court-rules-against-health-care-reform.aspx

[I don’t think we can post from slate.com]


35 posted on 01/31/2011 12:13:52 PM PST by TomGuy
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To: Marty62
I predict SCOTUS will take this opportunity to find that the Constitution does not grant express powers to the Federal government and in fact, that the Federal government can do anything it wants which is not expressly prohibited by the Constitution and its amendments.

The reasoning? SCOTUS will make reference to contemporary global trends in governance and the virtually unlimited powers granted to of government in other western "democracies".

36 posted on 01/31/2011 12:13:55 PM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: JoeProBono

Roger Vinson

Born in Cadiz, Kentucky, Vinson attended the United States Naval Academy and graduated in 1962 with a bachelor’s degree in engineering. He served at Naval Air Station Pensacola as a Naval aviator from 1962–1968, attaining the rank of lieutenant. After his service, he attended Vanderbilt University and received his J.D. in 1971.

Returning to Pensacola, Florida, Vinson joined the law firm of Beggs & Lane, where he practiced general civil law from 1971–1983. He was nominated to the federal bench by President Ronald Reagan on September 9, 1983 to a seat vacated by Lynn C. Higby, was confirmed by the Senate on October 4, and received his commission a day later. Among the notable cases he has presided over:

* Four defendants of abortion clinic bombing, 1985[1]
* Escambia County, Florida ordinance banning The Last Temptation of Christ, 1988[2]
* Shoney’s $134 million race discrimination settlement, 1993[3]
* Paul Jennings Hill (federal Clinic Access Law charges), 1994[4]
* Sentenced Financial Manager Marcus Schrenker, who attempted to fake his own death by parachuting out of his plane after charges were brought against him for securities fraud, to four years in federal prison in 2009.[5]

Vinson was chief judge from 1997 to 2004. He assumed senior status on March 31, 2005.

He was appointed to serve a seven-year term on the Federal Intelligence Surveillance Court, effective May 4, 2006.[6] In 2009 he was installed as president of the American Camellia Society.[7]

In 2010, Vinson was assigned to hear a case brought by a group of 20 states that was filed with support by 16 attorneys generals and four governors challenging the constitutionality of the new Patient Protection and Affordable Care Act’s requirement that most individuals obtain medical insurance. The suit is the second of more than 15 lawsuits filed against the act that has advanced to this stage of litigation.[8]


37 posted on 01/31/2011 12:14:07 PM PST by keat
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To: ColdOne

Obama definitely one termer!!!!

Actually it will be up to congress to codify, Pre-existing conditions and parents keeping “kids” up to 26 on policies.


38 posted on 01/31/2011 12:14:13 PM PST by Marty62 (Marty 60)
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To: Bigun

FREE FREE FREE AT LAST !

guess I’m being racist shucks


39 posted on 01/31/2011 12:14:27 PM PST by A'elian' nation (“Political correctness does not legislate tolerance; it only organizes hatred.” Jacques Barzun)
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To: NRG1973

I was hoping SOME judge would hold the absence of severability over the law.

I think the Va judge ruled against the individual mandate,
but stated that the rest of it could stay despite the absence of severability.


40 posted on 01/31/2011 12:14:27 PM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
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To: smoothsailing

I’m confused: while the main body of the bill doesn’t go into effect until 2014, a whole bunch of stuff gets phased in before then — including a lot of taxes. If the “whole thing” is unconstitutional, then how come we couldn’t get an injunction on the pre-2014 provisions?


41 posted on 01/31/2011 12:14:31 PM PST by alancarp
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To: Marty62

The only thing better than this would be summary judgments from the 11th Circuit and SCOTUS denying the Feds impending appeal.


42 posted on 01/31/2011 12:14:34 PM PST by Sparticus (Tar and feathers for the first dumbass Republican that uses the word bipartisanship.)
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To: NRG1973
Thanks for answering #20 before I was even able to post it. No implied severability just because Congress usually remembers to include that clause, as the Virginia judge ruled last year.
43 posted on 01/31/2011 12:14:36 PM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: Marty62

Just checked dailykos....Crickets, although I thought I heard an occasional nashing of teeth.


44 posted on 01/31/2011 12:14:52 PM PST by Ronald_Magnus
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To: ColdOne

>> Now what happens?

The Obama Administration works with Speaker of the House Nancy Pelosi to rewrite the bill so that it IS constitutional. Then the Democratic congressional majority rubberstamps the new legislation and sends it to the Senate, and from there, Obama signs the new, constitutional legislation into law.

OH WAIT... sorry, my bad... it seems Pelosi no longer presides over a ‘Rat majority. In fact, she no longer presides over jack squat! heh heh...


45 posted on 01/31/2011 12:15:01 PM PST by Nervous Tick (Trust in God, but row away from the rocks!)
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To: Reagan Man

Judge Napolitano saying at least 3 years.


46 posted on 01/31/2011 12:15:07 PM PST by Marty62 (Marty 60)
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To: Marty62

Great, great news!!!!!


47 posted on 01/31/2011 12:15:16 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: Marty62

Full text of Judge Vinson ruling:

http://www.scribd.com/doc/47905955/Vinson-opinion


48 posted on 01/31/2011 12:15:41 PM PST by TomGuy
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To: Reagan Man; Erik Latranyi

See my post #36


49 posted on 01/31/2011 12:15:41 PM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: Marty62

think of all those congressmen who sold their souls to pass it and get bribed..all for naught..


50 posted on 01/31/2011 12:15:46 PM PST by rolling_stone ( *this makes Watergate look like a kiddie pool*)
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